Copyright © April 2017 by Root & Rebound
Published by Root & Rebound
ABOUT ROOT & REBOUND
Root & Rebound is a nonprofit reentry legal resource center. Our mission is to increase access to justice and opportunity for people in reentry from prison and jail, and to educate and empower those who support them, fundamentally advancing and strengthening the reentry infrastructure across the state of California and beyond.
Root & Rebound works to accomplish its mission through three key programs: direct support via our weekly reentry hotline and prison letter-writing service; public education that includes resources, toolkits and legal trainings; and systems and policy reform to improve the laws and structures that affect people and communities directly impacted by incarceration. Learn more about Root & Rebound online at rootandrebound.org , and accress training videos and additional resources on reentry with the click of a button through R&R’s Online Reentry Training Hub at reentrytraininghub.org .
When putting together the Roadmap to Reentry: A California Legal Guide , we did our best to give you useful and accurate information because we know that people who are currently or formerly incarcerated often have difficulty getting legal information. However, the laws change frequently and are subject to differing interpretations. Root & Rebound does not have the resources to make changes to this informational material every time the law changes. If you use information from the Roadmap to Reentry legal guide, it is your responsibility to make sure that the law has not changed and applies to your particular situation. If you are incarcerated, most of the materials you need should be available in your institution’s law library.
The Roadmap to Reentry guide is not intending to give legal advice, but rather general legal information. No attorney-client relationship is created by using any information in this guide. You should always consult your own attorney if you need legal advice specific to your situation. Learn how to get follow-up support from Root & Rebound in using the guide under the “NEED HELP?” section below.
Roadmap to Reentry: A California Legal Guide (Second Edition) is copyrighted © in March 2017 by Root & Rebound. We encourage your use of the information and material in this guide, but ask that you credit Root & Rebound in doing so. You can print this guide for free from our website at www.rootandbound.org/roadmap , or order a hard copy of the guide through our website form or by writing us a legal letter at Root & Rebound, 1730 Franklin Street, Suite 300, Oakland, CA 94612 . The guide is free to currently and formerly incarcerated people, as well as to their loved ones using it for their own personal use. There is a small fee for people ordering the hard copy of the guide for professional or programmatic use. If you would like to create a guide like this one in your own state, please email Root & Rebound at roadmap@rootandrebound.org . To learn more about our other toolkits and resources, see the next page. Thank you!
On PG. 18 of the guide, Root & Rebound has included a survey that we kindly ask you to return to provide feedback to our team about this Roadmap to Reentry legal guide. This will help us improve future versions of the guide as well as trainings that we provide on this material.
Coming home from prison and jail, you will likely face legal and practical barriers that can be confusing and complicated. Throughout the guide, we have tried to flag times to consult with your own lawyer. On PG. 1075 of the guide, we include a list of legal aid organizations across California that may be able to assist you directly. You can also contact a local bar association or nonprofit agency that provides free services for help with your issue.
Root & Rebound offers follow-up support on the material in the Roadmap to Reentry guide:
Visit R&R’s website at www.rootandrebound.org/roadmap to find FAQs, a link to a free electronic version of the guide, and forms for requesting trainings and other resources for your community, agency, organization, or facility.
Call R&R’s weekly Reentry Legal Hotline at (510) 279-4662 (we accept Collect calls), any Friday (except Holiday and office closures). We will do our best to walk you through information in the guide, provide you with referrals and additional resources, and/or advocate on your behalf if we have the capacity and expertise to assist you.
Find training videos, toolkits, and additional resources on R&R’s Online Training Hub at www.reentrytraininghub.org
Write R&R a confidential, legal letter
to the following address:
Root & Rebound, 1730 Franklin Street, Suite 300, Oakland, CA 94612 (no walk-ins).
Root & Rebound is a reentry legal education and resource center whose mission is to increase access to justice and opportunity for people in reentry from prison and jail, and to educate and empower those who support them, fundamentally advancing and strengthening the reentry infrastructure across the state of California.
PUBLIC EDUCATION: Through our “Roadmap to Reentry” guide, toolkits, online hub, and legal & community education and trainings, we work to expand the knowledge of community-based organizations, government agencies, and people with conviction histories acrossthe state of California. This education focuses on improving “reentry readiness” – so that people in reentry and those who support them are prepared to navigate hurdles to employment, housing, financial stability, family issues, and education.
REENTRY LEGAL HOTLINE & PRISON LETTER-WRITING SERVICE : In conjunction with and in response to the “Roadmap to Reentry” guide and trainings, we provide technical assistance to people working through reentry barriers to improve their readiness for the reentry process.
Root & Rebound operates a Reentry Advice Hotline every Friday between 9:00 a.m. and 5:00 p.m. that is open to anyone in California with reentry0related legal issues, questions or concerns. Our hotline number is (510) 279-4662 on Fridays only.
POLICY & SYSTEMS REFORM: Our policy advocacy and systems reform work encourages federal, state, and local governments and agencies to create smarter reentry policies that promote the well-being of individuals and their communities. We communicate our learnings on the ground to local, state, and federal government and advocacy groups.
In addition to the 2017 edition of the Roadmap to Reentry: A California Legal Guide , Root & Rebound has developed new toolkits, fact sheets and resources, including:
To learn more, please contact Root & Rebound by phone at (510) 279-4662, by email at roadmap@rootandrebound.org , or by mail at Root & Rebound, 1730 Franklin St., Suite 300, Oakland, CA 94612.
ACKNOWLEDGEMENTS
There are many people whose work was instrumental in making this guide come to life.
We would like to thank Root & Rebound’s dedicated and incredible staff: Carmen Garcia, Lizzy Gilbert, Emily Juneau, Katherine Katcher, Aiasha Khalid, Laura Merchant, Cara Palanca, Dominik Taylor, KC Meckfessel Taylor, and Sonja Tonnesen.
We would like to thank Root & Rebound’s team of brilliant contract attorneys: Amanda Austin, Rashida Harmon, Pedro Hernandez, and Mila Veber.
We would like to thank Root & Rebound’s brilliant team of volunteers, fellows, law clerks, and former staff: Abbe Anderson, Deborah Awolope, Missy Austin, Madeline Bailey, Briana Barnes, Tara Bell, Hunter Bermudez, Elisa Bond, Hunter Bryce, Olivia Cahue-Diaz, Nicole Canonigo, James Carlin, Jennie Chenkin, Samantha Cook, Ryan Costello, Elliott Covert, Wesley Deimling, David Dexter, Jessica Dexter, Camille Dodson, Kristin D'Souza, Bruna Emmerich Aievera, Adam Gunther, Kenetta Hampton, Sophie Hart, Elizabeth Hecht, Annemarie Heineman, Rachel Hoerger, Sophia Hill, Buffy Hutchison, Margaret Katcher, Navneet Kaur, Abigail Khodayari, Kony Kim, Pascal Krummenacher, Kalina Kwong, Leslee Larner, Sean Larner, Dashia Lewis, Midori Li, Asia Liago, Vanessa Lim, Beile Lindner, Emily MacLeod, Rebecca Maxwell, Airto Morales, Morgan McGinnis, Elie Miller, Brian Moon, Eli Moreh, Marvin Mutch, Zachary Newman, Justin Nguyen, Brenda Orellana, Tunisia Owens, Erica Paul, Michelle Peralta, Chandra Peterson, Dana Pisacane, Jamie Popper, Kinga Rorat, Josue Ruiz, Kaly Rule, Al Sasser, Claire Seaver, Mathilde Semmes, Kiran Sidhu, Claritha Sims, Harry Stanwyck, Keerthi Sundaramurthy, Paola Tobias, Melinda Valerio, Erik Velasco, Mark Walsh, Christopher Wendt, Sofie Werthan, Troy Williams, Kaitlyn Willison, Amanda Woog, Sara Worth, and Dane Worthington.
We would like to give a special thank you to our amazing team of expert readers and content contributors, who lent their years of experience, expertise, and resources to improve the content of this guide:
We would like to thank expert readers: Maria “Alex” Alexander, Jessica Bartholow, Michael Bays, Jason Bell, Devin Bissman, Katherine Brady, Rose Cahn, Maurice Emsellem, Dorian Esters, Sr., Douglas Feinberg, Liz Gomez, Eliza Hersh, Tom Hoffman, Deep Jodhka, Kathy Kahn, Hannah Labaree, Andrew Lah, Samuel Lewis, Tom Hoffman, Ernest Melendrez, Airto Morales, Olinda Moyd, Stephanie Nishio, Adam Poe, Kellen Russoniello, Brittany Stringfellow-Otey, Deborah Thrope, David Wasserman, Mary Weaver, Steve Weiss, and Angela Wilson.
We would also like to thank those who helped us connect with experts in their respective fields: Sarah Palmer and Shirley Sanematsu.
Further thanks to the organizations whose resources we built upon and adapted to develop this content: ACLU of Northern California, Berkeley Initiative for Mindfulness in Law, Center for Community Alternatives, Center for Young Women’s Development, East Bay Children’s Law Offices, East Bay Community Law Center, Immigrant Legal Resource Center, Judicial Council of California, Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, Legal Aid Society - Employment Law Center, Legal Services for Prisoners with Children, Legal Services of Northern California, National Housing Law Project, National Employment Law Project, Prison Law Office, The Public Defender Service for the District of Columbia, Rubicon Programs, and UnCommon Law.
Cover Art & Design by Anuradha Murthy; Layout Design by Mila Veber
MASTER TABLE OF CONTENTS
FOREWORD BY CARMEN GARCIA | Resiliency Message – PG. 6
MINDFULNESS IN DAILY LIFE | 5 Practices to Develop Calm & Clarity – PG. 7
CHAPTER SNAPSHOTS OF ROADMAP TO REENTRY – PG. 8
“REENTRY-READY CHECKLIST” FOR CURRENTLY INCARCERATED PEOPLE – PG. 14
ROOT & REBOUND SURVEY – PG. 18
CHAPTER 1 | THE BUILDING BLOCKS OF REENTRY: Getting ID & Other Key Documents, Voting & Civic Participation – PG. 21
CHAPTER 2 | Community Supervision: PAROLE & PROBATION – PG. 125
CHAPTER 3 | HOUSING – PG. 328
CHAPTER 4 | PUBLIC BENEFITS – PG. 435
CHAPTER 5 | EMPLOYMENT – PG. 551
CHAPTER 6 | COURT-ORDERED DEBT – PG. 650
CHAPTER 7 | FAMILY & CHILDREN – PG. 707
CHAPTER 8 | EDUCATION – PG. 823
CHAPTER 9 | UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD – PG. 915
GUIDE APPENDIX A: LEGAL AID PROVIDERS IN CALIFORNIA (By Chapter & Region) – PG. 1075
GUIDE APPENDIX B: SOCIAL SERVICES IN CALIFORNIA – PG. 1084
A NOTE ABOUT THE ICONS: The icons shown next to each chapter title here will appear throughout the guide in the upper-outside corner of every page to remind you which chapter you are reading.
RESILIENCY MESSAGE
Someone once said that how you climb a mountain is more important than reaching the top . I was in the San Mateo County Jail waiting to be sentenced to Federal Prison, when I first heard this quote. I remember saying time and time again how I was going to be different the next time. So many promises were made during those lonely moments that I never thought of how I was going to keep those promises if I wasn’t doing anything different. Life, I thought, doesn’t have to be the same for me. Blind faith, they told me, is what you need in order to trust those who are trying to teach you a different way to live.
Unfortunately, in jails and in prisons, if you want rehabilitation, you have to seek it out. The same is true when you get out. The difference when you are out is that you have the power to choose when, how, and where, and although at times you might get discouraged because it seems overwhelming, don't give up. Remember, nobody said the climb was going to be easy.
Now that we are free to choose, let's take advantage of the opportunities that are in front of us. Today, we no longer have to abide by any prison codes or rules, and if you keep doing the right thing, then the climb won't seem so lonely and treacherous, and the rewards will be enormous, as they have been for me.
Keep in mind that the climb to anything, whether it's a mountain, a hill or a ladder, has to be taken carefully, cautiously and with an open mind. Each step we take has to be carefully guided and directed towards the direction that will cost us the least pain and regret. Even our old friends or acquaintances, although well intended, can bring us more harm than good, so carefully choose who you include in your circle. Cautiously approach any given situation, and when in doubt... don't. Luckily, we don't exist alone in the world, and regardless of who you are, you need someone. Collectively, rather than individually, we can accomplish more. So, have an open mind and pay attention to the message more than the messenger.
Jails and prisons don't have to be what defines us, or what breaks us; we choose who, what and where. Somehow, reaching the top is no longer that important, because the journey getting there is what will be embraced.
Peace,
Carmen
5 PRACTICES TO DEVELOP CALM & CLARITY
As we all know, the process of reentry is incredibly stressful. Taking time to breathe deeply, to be aware of and to care for your body and your emotions, can be a big help. Mindfulness can help you to stay focused, calm, and balanced. ‘Mindfulness’ is just a fancy word for being aware of our thoughts, feelings, and physical sensations. Studies have shown that mindfulness can help reduce stress and improve our health. The practices and resources below may help you stay balanced and optimistic during what can be a challenging process of reentry. We hope these tools are helpful to you on your journey through reentry and throughout your life. [1]
MINDFUL WALKING
As you walk from your car or train to an office, on your way to a meeting or job interview, try to be aware of your breath and body. Notice the rise and fall of your chest as you inhale and exhale, the feeling of your feet touching the ground, the sensation of the sun or air on your skin. Try to leave early enough for your appointments so that your walk can be slow and unhurried. This simple practice can introduce greater calm into your day, and provide a few moments of relaxation before a potentially stressful situation.
SITTING MEDITATION
Simply sitting quietly, with eyes open or closed, following one’s breath, can be a powerful way to calm the mind and relax the body. Many people find this practice challenging at first, but it becomes easier over time and provides tremendous benefits for body and mind. Start with just 5 minutes per day using one of the guided recordings listed below, or visit an introductory class at a local meditation center.
YOGA
Yoga is another powerful mindfulness practice that can help with reducing stress and improving physical and mental health. Local yoga studios often offer donation-based or community classes.
MINDFUL EATING
Mindful eating invites us to fully experience and enjoy our food. Whether eating alone or with others, we can make meals a peaceful time to refocus and enjoy life — by taking time to see, smell, taste, and appreciate our food, and by taking a break from TV, phones and work.
4-7-8 BREATHING
Dr. Andrew Weil’s technique of deep breathing is a great way to calm the nervous system throughout the day. See www.drweil.com for details. The basic instruction is to inhale for four counts (“1, 2, 3, 4…”), hold for seven counts, and then slowly exhale for eight counts. Try doing five rounds of this breathing before bed and see how you feel.
ADDITIONAL MEDITATION RESOURCES:
CHAPTER SNAPSHOTS OF ROADMAP TO REENTRY
CHAPTER 1: THE BUILDING BLOCKS OF REENTRY: Getting ID & Other Key Documents, Voting & Civic Participation – PG. 21
KEY TOPICS:
What identification (ID) documents exist, and why they are important.
An overview of key types of ID: birth certificates, Social Security numbers (SSN) and cards, California state ID cards & California Driver licenses, U.S. Passports, tribal ID cards, library cards, voter registration, and Selective Service registration.
Which forms of ID are most important.
When and how to get each ID document, and which documents to get first.
How to get certain documents while incarcerated vs. after release.
Some options for getting ID for undocumented people.
Voting rights for people with criminal records, and how to register to vote.
Selective Service registration requirements and how to register.
WHY IT’S IMPORTANT:
ID is necessary to access public benefits and services; to apply for housing and employment; and to enroll in school and other programs.
Basic ID is often necessary to apply for other indentification documents.
Voting is a civil right to choose the government officials and policies that impact society. There are many myths about voting eligibility — and the law changed in 2015 in California!
COMMON BARRIERS TO REENTRY:
People in reentry have only a prison/jail ID card, which is of limited use in reentry.
People in reentry do not have the documents they need to enroll in programs and services they would otherwise qualify for.
People with records have Driver License holds, suspensions, and revocations, often due to court-ordered debts that they don’t have the financial means to pay back.
Certain convictions restrict a person’s access to a U.S. passport.
Because of their prisoner or parolee status, people are disenfranchised and lose the right to vote.
People who do have the legal right to vote are wrongly informed or wrongly identified as having lost the right to vote — missing out on the chance to make their political voices heard.
Men who were required to register with the Selective Service between ages 18 and 26 were unable to do so because they were incarcerated, and as a result, they are barred from receiving federal financial aid until they prove the reason why they could not register.
CHAPTER 2: PAROLE & PROBATION – PG. 125
KEY TOPICS:
The many different types of supervision in California, which include
STATE FORMS OF SUPERVISION: state parole ; county-level probation (formal and informal); and the new AB 109 forms of supervision including Mandatory Supervision and Post-Release Community Supervision (PRCS) .
FEDERAL FORMS OF SUPERVISION : federal probation , supervised release , and federal parole .
Step-by-step instructions on what to do when a person is first released from prison or jail.
The length of supervision terms as required by law, including how the length of time on supervision is calculated, and how to get off of supervision early if possible.
The “conditions” (rules) of supervision, including general conditions that apply to all people on that type of supervision, and special or discretionary conditions that apply to only certain people.
How to challenge special conditions (rules) of supervision.
How to transfer someone’s supervision to another location — a different county, district, or state.
For people with disabilities, the right to have reasonable accommodations, and the types of accommodations a person can ask for from his or her supervising officer.
A person’s rights during violation and revocation proceedings, and how the revocation process works.
WHY IT’S IMPORTANT:
Supervision affects every aspect of a person’s life— housing, employment requirements, family reunification, schooling, civil rights, etc.
People need to understand their rules of supervision to succeed in reentry, and to avoid new legal issues or re-incarceration.
COMMON BARRIERS TO REENTRY:
Being on community supervision can create barriers in every aspect of a person’s life. For example, supervision rules can affect:
Housing: Where a person can (or can’t) live and with whom.
Employment: Work opportunities, requirements and restrictions.
Family: Legal barriers to family reunification.
Education: Restrictions and scheduling conflicts.
Basic liberties: Some (not all) constitutional rights and freedoms may be taken away — like travel restrictions, and being subject to searches and seizures at any time.
CHAPTER 3: HOUSING – PG. 328
KEY TOPICS:
Different types of housing options and tips for the housing search.
Short-term vs. long-term planning for where someone can live in reentry.
Housing application process, including bans or restrictions related to past convictions.
What criminal records and other records can lawfully be accessed by government-assisted housing providers (including Public Housing Authorities, or PHAs) vs. by private landlords.
Joining family and friends in housing — the differing rules of government-assisted housing providers (including PHAs) vs. private landlords.
Challenging illegal housing denials by both government-assisted housing providers (including PHAs) and private landlords.
Maintaining (keeping) housing.
WHY IT’S IMPORTANT:
Housing is the first thing people need when leaving prison or jail.
Shelter is a basic human need.
Having approved housing plans is often a requirement of someone’s conditions (rules) of supervision.
Many housing-related restrictions and barriers exist.
Rates of homelessness are extremely high among people in reentry.
COMMON BARRIERS TO REENTRY:
Parole / probation housing requirements and restrictions can include: residential restrictions, a requirement to live in transitional housing, etc.
Discrimination in private housing: Private landlords are hesitant to rent to people with criminal records, and may engage in discrimination, sometimes legally and sometimes in violation of fair housing law.
Discrimination in public/government-assisted housing: Criminal record restrictions exist; some are legal, but others may be overbroad and violate fair housing law.
Housing-related barriers to family reunification that prevent people from living with family or friends – these exist in both private and government-assisted housing.
CHAPTER 4: PUBLIC BENEFITS – PG. 435
KEY TOPICS:
Key types of public benefits programs, including: cash assistance; food benefits; health care; work services; Social Security benefits; veterans’ benefits; and cell phone benefits.
Eligibility and enrollment rules for each program, including restrictions based on criminal records.
What happens to your benefits during incarceration, and how to restart benefits after release.
Applying for and keeping benefits — how to apply for each type of benefit; and how to deal with denials, disqualifications, or terminations of benefits.
Resources and referrals.
WHY IT’S IMPORTANT:
Rates of poverty are high among people in reentry as well as their families, making public benefits programs an essential safety net.
Many people in reentry have health issues, disabilities, and other special needs that are met through public benefits programs.
Most benefits in California do not disqualify people based on criminal records, yet myths persist and many people do not have accurate information about the rules and mistakenly think they are not eligible.
COMMON BARRIERS TO REENTRY:
Some public benefits programs have restrictions and bans against people with certain criminal convictions (but most do not).
People may be disqualified from certain benefits based on other items in their history, such as: open felony warrants ; probation or parole violations ; or Intentional Program Violations (non-criminal violations of program rules).
Many people do not get benefits that they can and should be getting, simply because of myths and misinformation. Some people may not know the exact program rules, especially new rules that have removed old drug felon bans. Even county welfare agency workers may not apply the correct rules.
CHAPTER 5: EMPLOYMENT – PG. 551
KEY TOPICS:
Job readiness, applications, and interviewing well— presenting your best self.
Hiring incentives for employers.
People’s rights with respect to background checks, including the following topics:
Job seekers’ rights.
Whether and when different types of employers can ask about criminal records.
Private, commercial background checks vs. “in-house” background checks.
Errors in background checks.
Discrimination based on criminal record— legal and illegal forms of discrimination , and how to file a complaint.
Legal restrictions in employment and professional licensing.
Alternatives to traditional employment, including starting a business and worker-owned cooperatives.
For people with disabilities, the right to ask for reasonable accommodations from employers.
WHY IT’S IMPORTANT:
Having or seeking employment is often a requirement of someone’s supervision conditions.
Employment is critical for many as a source of income—which impacts someone’s ability to afford housing; to pay for child care; to pay child support or other court-ordered debt; to go back to school; etc.
Employment is a key to self-efficacy, and contributing to society.
Employment can help make a person’s life more stable by providing structure and routine.
In some cases, stable employment might be required to reconnect with children in reentry.
COMMON BARRIERS TO REENTRY:
Background checks:
Criminal history information is readily available from many sources.
Background checks commonly contain errors and illegally reported information.
Employers often use criminal history information in illegal ways.
Statutory employment and licensing restrictions:
Job-specific prohibitions may prevent people with records from holding some jobs.
Professional/occupational licensing rules, regulations, and restrictions may prevent people with records from getting certain professional/occupational licenses, or require them to go through a lengthy appeals process to successfully get a license.
Discrimination based on criminal record:
People with criminal records experience both legal and illegal discrimination in employment, which often overlaps with other issues like racial discrimination in employment decisions.
People with criminal records may be disadvantaged by both individual acts of discrimination and broad discriminatory policies.
Intentional discrimination by employers may be hidden, and therefore difficult to prove.
Unintentional violations by employers may occur when employers do not know about laws that forbid discrimination based on someone’s criminal record.
CHAPTER 6: COURT-ORDERED DEBT – PG. 650
KEY TOPICS:
Understanding the different types of court-ordered debt, and what they are for, including: restitution; court fines and penalties; administrative fees ; and traffic fines.
Taking control of court-ordered debt— figuring out how much debt you owe, and to whom.
Paying off or otherwise satisfying court-ordered debt, including:
How to pay off a debt, and what to do if you can’t pay.
Opportunities to reduce debts.
Consequences of unpaid debts.
WHY IT’S IMPORTANT
People often leave prison and jail owing significant money in court-ordered debt.
People may owe debts in many different places: courts, collection agencies, victim restitution board, etc. Tracking down multiple debts can be difficult, especially if they are from many years ago.
Debts may increase during incarceration through interest, administrative fees, and late-payment penalties.
Court-ordered debt creates financial, legal, and practical barriers to reentry.
COMMON BARRIERS TO REENTRY
People may owe multiple debts for one conviction—this adds up quickly!
During incarceration, debts may continue to increase.
After release:
Paying off court-ordered debt is a common condition (rule) of parole/probation.
Unpaid debt can be a reason for extending a probation term.
It’s harder to clean up a criminal record (get “expungement”) with unpaid criminal justice debt.
Driver license may be suspended for unpaid court-ordered debts.
Debts may be sent to collections agencies, which can lead to wage garnishment, bank and property liens, and lower credit scores. Debts also impact housing, employment, and credit opportunities.
Tracking down old fines and tickets can be difficult.
CHAPTER 7: FAMILY & CHILDREN – PG. 707
KEY TOPICS:
Re-connecting with a child after incarceration, including:
First steps to take in locating and reconnecting with a child.
How to find out if there are any past or current court cases or court orders involving a child, and how to start or join a court case regarding a child.
Restraining and protective orders that can impact a parent or caregiver’s rights.
Criminal record-related barriers to reconnecting with a child.
An overview of custody and visitation.
Three key courts that handle family-related issues in California: probate court; juvenile dependency court; and family court. (The court that handles juvenile justice issues is the juvenile delinquency court, which we describe only very briefly since juvenile justice is not a focus of this guide.)
Paternity (or parentage) issues.
Child Support and Spousal Support orders—issues with paying debts during and after incarceration.
Issues that arise during incarceration, like mothering and pregnancy in prison, and ending a marriage or a domestic partnership.
Domestic violence and stay-away orders.
WHY IT’S IMPORTANT
Incarceration creates wide-ranging obstacles to stable family relationships—especially regarding custody, visitation, and guardianship of children.
Family can be a positive and motivating force in people’s lives during and after incarceration, and it can reduce the chance of being re-incarcerated.
Issues that arise in family courts — especially regarding visitation, custody, and child support — can create more barriers in the reentry process, such as housing restrictions or increasing debt.
People need to know about the resources that exist, since there are not many legal aid offices that provide family law representation to people with records.
COMMON BARRIERS TO REENTRY
Parents’/caregivers’ rights to custody and visitation may be legally restricted because of their criminal history and system involvement:
Arrests, convictions, incarceration, and protective, no-contact, and restraining orders can affect parental rights to custody and visitation.
Courts have full access to expunged and old criminal history information, and they can consider it along with proof of rehabilitation.
There are three different court systems to navigate — probate court; family court; and juvenile dependency court — and some cases may go from one to the other, or open or close, without a parent/caregiver fully understanding the legal process.
Other barriers to reunification include: parole/probation conditions; travel and residency restrictions; protective and restraining orders; access to housing and employment; and time constraints.
Child support debt — Payment obligations do NOT automatically stop during incarceration in most cases. Usually, people need to proactively ask the court to stop or pause the payments!
Very few family law services exist for reentering parents/caregivers.
CHAPTER 8: EDUCATION – PG. 823
KEY TOPICS:
Setting educational goals, including:
Choosing an educational path.
Prison-based programs.
Parole/probation considerations.
Current vs. future educational and careers goals.
Assessment of one’s current education level; placement tests; and assessment of learning challenges, disabilities, and special needs.
Educational options, including: Adult Basic Education; high school diploma / GED; career and technical training; college and university degree programs; college credit programs while incarcerated (distance learning and correspondence courses); graduate and professional degree programs.
Paying for education — Loans, grants, scholarships, other financial aid, and record-related bans.
WHY IT’S IMPORTANT
Investing in education during reentry can help people avoid re-incarceration:
Several studies suggest that educational and vocational training helps prevent people in reentry from going back to prison.
Many jobs and job markets now require employees to have some higher education:
Educational qualifications vary from job to job.
Some jobs require special licenses or certifications.
The more education you have, the better your chances of getting hired and moving up the job ladder, and the higher your pay may be.
COMMON BARRIERS TO REENTRY
Application and admission process:
Some schools may run background checks.
Some schools may discriminate based on criminal record.
Employment and professional licensing limitations may apply.
Financial aid:
Felony drug offense restrictions are rare, but are not well understood.
Selective Service registration is required for adult men.
Conditions of supervision:
Travel limitations and residency restrictions may affect your ability to attend certain schools.
Curfews, work requirements, and other scheduling conflicts may affect your ability to study.
CHAPTER 9: UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD – PG. 915
KEY TOPICS:
Types of criminal records and what information they contain — and the difference between RAP sheets, key types of background checks, and other public records.
Errors in criminal records and how to fix them.
Who can see the different types of criminal records.
How to get copies of criminal records.
WHY IT’S IMPORTANT
Cleaning up a criminal record can create more opportunities in reentry, especially related to limit what convictions show up in a background check, which can open up new employment and housing opportunities, and in some cases, restore certain civil rights.
Expungement is a way for someone to know what is on his or her criminal record, and to take control over how it impacts his or her life.
Expungement is the government’s way of providing official recognition of someone’s efforts at rehabilitation.
COMMON BARRIERS TO REENTRY
A criminal record is a long-term barrier to reintegration and access to civil rights.
Background checks commonly contain errors, incomplete information, and illegally reported information.
There are many different sources of criminal history information, and some are always going to be public through the courts.
Many people can see criminal history information, including:
Private employers and landlords can see convictions from past 7 years, and in rare cases, special categories of employers can see more than that.
Public (government) employers & Public Housing Authorities can see much more!
“REENTRY-READY CHECKLIST” FOR CURRENTLY INCARCERATED PEOPLE
This checklist is intended as an additional tool to be used with the Roadmap to Reentry Guide. For currently incarcerated people in particular, this checklist is meant to help you become “reentry ready” for common issues and obstacles that arise in the reentry process, and to help you prepare now before they become problems down the road!
We recommend that you use this checklist along with the Guide, to help you understand in what areas you are already well prepared , and in what areas you would like to focus more on preparing for reentry . For more information on how to answer a checklist item, see the corresponding chapter of the Roadmap to Reentry indicated. Every person’s circumstances and needs are different, so use this checklist in whichever way is best for you . If you are NOT currently incarcerated, but have a criminal record, parts of the checklist may still be a helpful tool!
* PLEASE NOTE: This checklist has been ordered to fit the timeline of reentry preparation from the perspective of someone who is currently incarcerated, so it does not follow the exact order of the Guide.
The Building Blocks of Reentry: Obtaining Identification (ID) and Key Documents, Voting & Civic Participation (CHAPTER 1):
For more information/help, I can contact:
Root & Rebound’s Reentry Legal Hotline at 510-279-4662 (Fridays, 9 am – 5 pm PST)
Court-Ordered Debt (CHAPTER 6):
I owe…
For more information/help, I can contact:
Root & Rebound’s Reentry Legal Hotline at 510-279-4662 (Fridays, 9 am – 5 pm PST)
Family & Children (CHAPTER 7):
___________________________________________________________________________
Parole & Probation (CHAPTER 2):
I’m not sure what my supervision will be. (Circle if this is the case).
I’m not sure where my supervision will be. (Circle if this is the case).
For more information/help, I can contact:
Root & Rebound’s Reentry Legal Hotline at 510-279-4662 (Fridays, 9 am – 5 pm PST)
Housing (CHAPTER 3):
Public Benefits (CHAPTER 4):
For more information/help, I can contact:
Root & Rebound’s Reentry Legal Hotline at 510-279-4662 (Fridays, 9 am – 5 pm PST)
Employment (CHAPTER 5):
Y / N / I don’t know (Circle one.)
For more info, I can: __________________________________.
Education (CHAPTER 8):
Understanding & Cleaning Up Your Criminal Records (CHAPTER 9):
> Understanding My Record — where information about your record is found. Early in reentry, this will help!
> Cleaning My Record — remedies that may be available to me. Later in reentry, this could help!
NOTE: Next to any of the remedies you believe you will one day be eligible for, write the
conviction
, and
when you think you’ll be able to get this remedy
.
For more information/help, I can contact: Root & Rebound’s Reentry Legal Hotline at 510-279-4662 (Fridays, 9 am – 5 pm PST).
Root & Rebound is a reentry advocacy center in Oakland, CA. We produce reentry legal resources to educate, empower, and support people who are in reentry or preparing for release, and those who support them. By filling out this survey and providing us with feedback, you are helping us to improve the Roadmap to Reentry. Thank you for your time!
PRIVACY OF INFORMATION: This is a voluntary and anonymous survey. Your feedback is very important to us, as is confidentiality and privacy. If you choose to send us your feedback, we will keep all your information anonymous. Your feedback will help us to improve the manual and to raise awareness about the needs of people in reentry.
INSTRUCTIONS: If you are willing, please answer all of the questions in this survey. Some questions ask you to circle the answer, while others ask you to fill in the blank.
How CLOSELY did you read each section of the “Roadmap to Reentry”? Please circle the option that best describes how closely you read each section.
ID & VOTING …………………………… Read closely Skimmed Did NOT read
PAROLE & PROBATION …………… Read closely Skimmed Did NOT read
HOUSING ………………………………… Read closely Skimmed Did NOT read
PUBLIC BENEFITS …………………… Read closely Skimmed Did NOT read
EMPLOYMENT ………………………… Read closely Skimmed Did NOT read
COURT-ORDERED DEBT ………… Read closely Skimmed Did NOT read
FAMILY & CHILDREN ……………… Read closely Skimmed Did NOT read
EDUCATION …………………………… Read closely Skimmed Did NOT read
CLEANING UP YOUR RECORD … Read closely Skimmed Did NOT read
How HELPFUL was each section? Please circle the option that best describes how helpful each section was.
ID & VOTING …………………………. Very helpful Somewhat helpful Neutral Somewhat unhelpful Very unhelpful
PAROLE & PROBATION ………… Very helpful Somewhat helpful Neutral Somewhat unhelpful Very unhelpful
HOUSING ………………………………. Very helpful Somewhat helpful Neutral Somewhat unhelpful Very unhelpful
PUBLIC BENEFITS …………………. Very helpful Somewhat helpful Neutral Somewhat unhelpful Very unhelpful
EMPLOYMENT ………………………. Very helpful Somewhat helpful Neutral Somewhat unhelpful Very unhelpful
COURT-ORDERED DEBT ………… Very helpful Somewhat helpful Neutral Somewhat unhelpful Very unhelpful
FAMILY & CHILDREN ……………… Very helpful Somewhat helpful Neutral Somewhat unhelpful Very unhelpful
EDUCATION …………………………… Very helpful Somewhat helpful Neutral Somewhat unhelpful Very unhelpful
CLEANING UP YOUR RECORD… Very helpful Somewhat helpful Neutral Somewhat unhelpful Very unhelpful
How easy was it FOR YOU to understand the material in the “Roadmap to Reentry” Guide?
Please circle the ONE answer that best describes your experience.
VERY DIFFICULT (I did not understand almost anything.)
DIFFICULT (I only understood a few things. )
OK (I understood about half. )
EASY (I understood almost everything. )
VERY EASY (I understood everything. )
Please explain: ___________________________________________________________________________________
___________________________________________________________________________________
AFTER you have read any part of the “Roadmap to Reentry,” which of the following statements are true for you? Please circle any and all that apply to you.
I better understand what a person’s rights are in reentry.
I feel more confident about my ability to overcome (or help someone else overcome) challenges in reentry.
Because of this Legal Guide, I have access to information I never otherwise would have had in reentry.
I have issues right now that this Legal Guide has helped me to resolve.
Please explain: _______________________________________________________________________________
_______________________________________________________________________________
Which of these best describes you? Please circle ALL that apply.
Is English your first language? Please circle the answer that best describes you.
YES NO If not, what is your first or preferred language?____________________________
Which of these best describes your highest completed level of education? Please circle the ONE answer that best describes you.
Elementary school Middle school High school / GED
Vocational / certificate program Some college Completed college
Graduate degree
What is your racial background? Please choose ALL that apply.
African American/Black Asian/Asian American Latino/Hispanic Native
Hawaiian/Pacific Islander White/European American Middle Eastern/North African
Native American/American Indian/Alaska Native
Biracial/Multiracial: _________________________________
Other: _____________________________________________
Prefer not to answer
What is your sex/gender identity? Please circle the ONE answer that best describes you.
Male Female Trans* Intersex Other:______________ Prefer not to answer
How old are you? Please circle the ONE answer that best describes you.
Under 20 20-29 30-39 40-49 50-59 60-69 Over 70 Prefer not to answer
What is the size of your family? Please include yourself in the total number. (Here, “family” refers to anyone who supports you financially and/or emotionally, or people you may live with in the future if you are currently in prison or jail.) Please circle the ONE answer that best describes you.
Just 1 2-4 5-7 More than 8 Prefer not to answer
What is the average annual income of your family? (If you are currently in prison or jail, please answer for any family back home.) Please circle the ONE answer that best describes you.
Under 10k 10k-20k 21k-30k 31k-40k
41k-50k 51k-60k Over 61k Prefer not to answer
What is your current ZIP code? If you are currently in prison or jail, please write the ZIP code of the facility where you are located. __________________________
How did you hear about Root & Rebound? Please circle ALL that apply.
> Through a personal referral from a:
Currently incarcerated person Formerly incarcerated person Family or friend of person in reentry
Other: _______________________________________
> Through an organizational referral from a:
Community-based organization or social service provider Lawyer/legal services provider
Community supervision agent/officer Court/government agency representative
Other: _______________________________________
> From the Root & Rebound website
> From a Flyer
> From a Training or Event
Would you recommend the “Roadmap to Reentry” Guide to others? Please circle the ONE answer that BEST describes you.
YES NO MAYBE Please explain why or why not: __________________________________
Root & Rebound offers follow-up support through a phone hotline one day every week, an online portal on its website, e-mail, and mail. Are you likely to use these services for follow-up support from Root & Rebound? Please circle the ONE answer that BEST describes you.
YES NO MAYBE Please explain why or why not: __________________________________
Please tell us what you liked or did not like, and how we can improve the Roadmap to Reentry!
______________________________________________________________________________________
______________________________________________________________________________________
This survey is ANONYMOUS, but we would really appreciate your feedback on how to make the “Roadmap to Reentry” even better! If you would like to be contacted for a follow-up survey, please list any contact information that will help us reach you. If you are unable to provide contact information for yourself, please list the contact information of someone who will know where to reach you.
Name: _________________________________ Email: _______________________________________________
Phone: _________________________________ Mailing Address:________________________________________
“When I got my Driver’s License after getting out of prison, I cried. I felt like a person again, with my own identity — not just a number being yelled out in prison. It was one of the best moments of my reentry.”
– Formerly incarcerated woman, after spending 3 years incarcerated
The BUILDING BLOCKS OF REENTRY: ID & VOTING CHAPTER explains how to access key building blocks of reentry including: how to get identification (ID) and other key documents, voting rights, and Selective Service registration. ID is proof of who you are — your identity. Government agencies, workplaces, service providers, schools, and other institutions issue ID cards for people who are members. You will want ID and other key documents so that you can participate in all the services that your community has to offer, so that you can legally drive, and so that you can prove who you are. Voting is another building block of reentry, allowing people to participate in government elections and decisions. Finally, Selective Service registration for the military is required of most men in the U.S., and is critical for going back to school in reentry.
DISCLAIMER – YOUR RESPONSIBILITY WHEN USING THIS GUIDE: When putting together the Roadmap to Reentry: A California Legal Guide , we did our best to give you useful and accurate information. However, the laws change frequently and are subject to differing interpretations. We do not always have the resources to make changes to this informational material every time the law changes. If you use information from the Roadmap to Reentry legal guide, it is your responsibility to make sure that the law has not changed and applies to your particular situation. If you are incarcerated, most of the materials you need should be available in your institution’s law library. The Roadmap to Reentry guide is not intending to give legal advice, but rather legal information. No attorney-client relationship is created by using any information in this guide. You should always consult your own attorney if you need legal advice specific to your situation.
ID & VOTING: TABLE OF CONTENTS
I. INTRODUCTION 27
What are identification documents (ID), and why are they important? 27
Why do I need identification documents (ID)? 27
I have a prison or jail ID. Is that enough to identify myself? 27
What are the most important forms of ID to have? 27
I don’t have any ID. Where and when can I start? 27
I have used different names (“aliases”). What name is best to use on my ID? 27
Can I legally change my name? 28
I am an undocumented person? Can I get official ID? 28
I believe my identity was stolen while I was incarcerated. What can I do? 28
II. Birth CERTIFICATE 30
What is a birth certificate, and why would I need it? 30
What is the general process for getting a copy of my birth certificate? 30
How do I get a document “notarized”? 31
Why do I want an “authorized, certified” copy? 31
If You Were Born in the U.S.—Different Situations: 32
(1) If you were born in California: 32
I was born in California. How do I get an authorized copy of my birth certificate? 32
I want to get my birth certificate from the California Department of Public Health (CDPH). What is the process? 32
I was born in California and know my county of birth. How do I get my birth certificate directly from the county I was born in? 33
How do I locate the county recorder’s office? 33
If I use the county recorder’s office, is it best to request my birth certificate by mail or in person? 33
(2) If you were born in the U.S.A. outside of California: 34
I was born in a state other than California. How do I get an authorized copy of my birth certificate? 34
(3) If you were born in the U.S., but no record of your birth was found: 35
What if I was born in the U.S.A., but there is no record of my birth? 35
If You Were Adopted and Don’t Know Where You Were Born: 35
I am adopted and I don’t know where I was born. What can I do? 35
If You Were Born Outside of the U.S.A. — Different Situations: 35
(1) If you are a U.S. Citizen born to U.S. Citizen parent(s) in another country 35
I was born outside of the U.S., but I am a U.S. Citizen because one or both of my parents was a U.S. Citizen. How do I get certification of my birth and citizenship? 35
(2) If you were born in another country and you are not a U.S. citizen 36
I am not a U.S. citizen. How do I get my birth certificate from a foreign country? 36
(3) If you are a naturalized citizen 36
I am a naturalized citizen. Do I need my birth certificate? 36
III. SOCIAL SECURITY NUMBER & CARD 37
What is a Social Security number (SSN) and what is a Social Security card? What is the difference and do I need both? 37
Why do I need to know my SSN? 37
I have a SSN, but I forgot it or never knew it. How do I find out what it is? 37
I don't think I ever got a SSN. Can I get one now? 37
Pre-release Planning — Getting a Social Security Card While Incarcerated: 37
Can I get a Social Security card while I am still incarcerated? 37
How do I get a replacement card while I am incarcerated? 38
How do I find out if my correctional facility has a Memorandum of Understanding (MOU) agreement with the Social Security Administration (SSA)? 38
How do I apply for my replacement card from inside? 38
Post-release — Getting a Social Security Card After You’re Out: 39
I am formerly incarcerated, and I used to have a SSN. How do I get a replacement Social Security card? 39
Getting A Social Security Card in person 39
I want to get a replacement Social Security card in person (which is recommended). How do I do that? 39
Getting A Social Security card by mail 40
How do I get a replacement Social Security card by mail? 40
I am formerly incarcerated, and I’ve never had a Social Security Number (SSN). How do I get an original SSN and card? 41
IV. California State ID, DRIVER LICENSE & MUNICIPAL ID 42
Which one is right for me — a State ID Card or a Driver License? What’s the difference? 42
Pre-release Planning — Getting a California State ID or Driver License While Incarcerated 43
I am currently incarcerated. Can I apply for a California state ID or a California Driver license? 43
What is the CAL-ID program? 43
In what facilities is the CAL-ID program available? 43
Who is eligible for the CAL-ID program? 43
I think I am eligible for the CAL-ID program. How do I apply? 44
Post-release — Getting a California State ID or Driver License After You’re Out 45
I am formerly incarcerated and want to get a CA state ID. How do I apply? 45
I am formerly incarcerated and want to get a CA Driver License. How do I apply? 47
Driver License Suspensions & Revocations 52
My Driver License has been suspended or revoked. What does this mean? 52
What happens if my license is suspended? 52
What happens if my Driver License is revoked? 52
If my license was suspended or revoked, could I get my driving privileges back? 52
My license was suspended in another state. Will I be able to get a California driver license? 54
What laws could negatively affect me if I am trying to get (or keep) a California driver license? 55
Does getting my criminal conviction expunged help me get my suspended or revoked driver license back? 57
V. Undocumented Immigrants: Some Options for ID 58
I am an undocumented person? Can I get official ID? 58
Can I get an “Undocumented Person” California driver license? 58
Can the police report me to U.S. immigration officials for using an AB 60 “Undocumented Person” driver license in California? 58
Whate are the other limited forms of ID for undocumented people? 58
What other resources are there for undocumented people and immigrants in California? 59
VI. U.S. PASSPORT 60
Why would a U.S. Passport be useful? Why might I need one? 60
Who is eligible for a U.S. Passport? 60
How do I apply for a U.S. Passport—In person or by mail? 61
How do I apply in person for a new U.S. Passport? 61
How do I apply by mail for a renewal of my U.S. Passport? 63
VII. Tribal ID Card 65
What is a tribal ID card and why would I need it? 65
How do I get a tribal ID card? 65
If I am registered with a tribe, will they have other identification documents on file for me or my family members? 65
VIII. LIBRARY CARD 66
Why would I get a library card, and what are the benefits? 66
How do I get a library card? 66
IX. Voting Rights & VOTER REGISTRATION 67
Why register to vote? 67
Who can register to vote in California? 67
I have a criminal record. Can I register to vote in California? 67
I lost my voting rights while in prison/on state parole. How do I regain my ability to vote? 68
I don’t know my supervision status. How do I find out? 68
What could happen if I voted in an election that I was not legally allowed to vote in? 69
Registering to Vote in California: 69
I want to vote in the next election. When is the last day I can register to vote in California? 69
I don’t have official photo ID. Can I still register to vote? 69
I’m homeless. Can I still register to vote in California? 69
Since the last time I registered to vote, my address, name, political party or supervision status has changed. Do I have to re-register? 69
I have other questions about registering to vote in California. Who can I ask for help? 70
How do I register to vote in California? What is the application process? 70
Voting on Election Day 71
I am registered to vote. Where, when, and how do I vote in the next election? 71
When is election day? 71
Can I get time off from work to vote in California? 72
I have a physical disability. Can I get help accessing my voting location? 72
English isn’t my first language. Can I get a ballot in my native language? 72
I can’t read, and/or I physically can’t vote by myself. Can I get help in the voting booth? 72
X. SELECTIVE SERVICE REGISTRATION 73
What is the Selective Service system, and why is it important? 73
Who is required to register with the Selective Service? 73
Who is not required to register with Selective Service? 73
When do I register with the Selective Service? 73
How do I register with the Selective Service? 74
Issues with Selective Service Registration 74
I registered with the Selective Service, but I lost my registration number and my proof of registration. How can I get these? 74
It’s been more than 30 days since I turned 18, and I haven’t registered with the Selective Service. Can I still register? 74
I am 26 or older and never registered with the Selective Service — and I don’t fall into any of the legal exceptions. What are some possible consequences? 74
I am 26 or older and now I’m disqualified from certain government benefits and programs because I never registered with the Selective Service. What can I do? 75
How do I get a Selective Service “status information letter”? 75
How Selective Service Registration Affects Access to School 76
I’ve heard that if I didn't register with the Selective Service when I was younger, I may not be able to get financial aid for school. Is that true? What can I do? 76
XI. CONCLUSION 76
ID & VOTING APPENDIX 77
Identification (“ID”) is proof of who you are —your identity . Government agencies, workplaces, service providers, schools, and other institutions issue ID cards for people who are members. Many forms of ID include a photo and important information about you, such as your address or physical characteristics. Having an ID is important because, when you apply for school or work, or sign up for various programs, licenses, and services, you’ll have to show an ID to prove that you are who you say you are, and to show that you qualify for whatever you’re signing up for.
You need specific forms of ID to apply for many important resources and services, including housing, employment, education, medical care, public benefits, transportation, driving privileges, voting, banking, and licenses that allow you to work in certain types of jobs.
You may already have a prison or jail ID card, but these generally are not enough to help you prove who you are in all the places where you will need an official ID. In the early days of your reentry, though, a prison or jail ID card may help you get other forms of ID.
If you were born outside the U.S. and then became a citizen through the naturalization process, instead of a birth certificate, you need your naturalization certificate . For details, go to PG. 36.
As you rebuild your life in the community, there are 3 KEY DOCUMENTS for you to have: (1) your birth certificate ; (2) your Social Security card (or number) ; and (3) a state ID or driver license (you don't need both, just one).
Once you have your birth certificate and Social Security number (SSN), you will be able to get a California state ID card or a driver license, the most commonly used forms of ID for everyday purposes. Once in a while, you will need to show a copy of your Social Security card for certain services, just knowing your Social Security number (SSN) is enough (without presenting the actual card).
If you do not have any of the 3 most important forms of ID — your birth certificate, a Social Security card (or number), OR a state ID or driver license — you will have trouble proving your identity.
For most, it is best to get your birth certificate first, then your Social Security card, and lastly your state ID or driver license . To learn more about these 3 key documents:
It is never too early to start gathering official ID. It helps to begin while you are still incarcerated as part of your preparation for release.
IMPORTANT INFORMATION IF YOU ARE INCARCERATED IN A CDCR STATE PRISON: If you are incarcerated in a California state prison, state law requires the California Department of Corrections and Rehabilitation (CDCR) and the California Department of Motor Vehicles (DMV) to make sure all qualifying individuals receive a California state ID at the time of release. [3] CDCR is carrying out this law through its “CAL-ID” program. If you qualify, you should get a state ID for free at the time of release. See PG. 43 for more information on the program and who is eligible.
Your ID documents must be in your “legal” name. This will be the name that appears on your birth certificate , unless you have legally changed it. Changes in your legal name are done through marriage or by court order. [4]
IMPORTANT: Using a false name or presenting false documents to get ID is a FEDERAL offense. Don’t do it.
Maybe. The California Courts website gives step-by-step instructions for changing your name online: http://www.courts.ca.gov/selfhelp-namechange.htm . The website has specific information for people who are divorcing, getting married, changing their legal gender, and other requests.
A judge must approve legal name changes. In all cases, you will need to prove that your name change doesn’t pose any security risk to the community. [5] A judge may find that you cannot legally change your name if:
No, you cannot get official ID that works for all government purposes if you are an undocumented immigrant living in California, BUT you may be able to get special types of ID that can be used in limited circumstances.
Learn more about the following types of ID for undocumented people on PG. 58:
If you believe your identity was stolen while you were incarcerated and you are a resident of California, you can file an Identity Theft Affidavit by mail to the California Franchise Tax Board or call their ID Theft experts at 916-485-7088. [7] If you are still incarcerated , you will likely need the help of a friend or loved one outside the prison to make calls and advocate on your behalf. If you are not incarcerated , you can access the Federal Trade Commission’s free manual, Identity Theft: A Recovery Plan , which contains a step-by-step procedure to handling identity theft, available online at http://IdentityTheft.gov . [8]
To file an Identity Theft Affidavit , you will need identifying documentation, such as a driver’s license (learn how to get one on PG. 45) or U.S. Passport (learn how to get one on PG. 60). You can find a copy of the Identity Theft Affidavit in the Appendix section of the IDENTIFICATION & VOTING RIGHTS CHAPTER on [page #].
You can also call the three major credit bureaus, listed below, to request a 90-day block that will stop anyone from opening an account in your name. The block will expire automatically after 90 days. [9] You will not need to provide a copy of your driver’s license to have a 90-day block put on, but you will need your Social Security Number. For information on obtaining your Social Security Number, go to PG. 39.
Below are the three major credit bureaus:
This chart summarizes how & why each ID is important, AND THE approximate COST of EACH type.
|
SUMMARY OF KEY DOCUMENTS |
||
|
KEY ID DOCUMENT |
COST |
WHY IT’S IMPORTANT |
|
AUTHORIZED U.S. BIRTH CERTIFICATE |
About $25 (varies by county) |
This proves your age and legal presence in the United States. It is necessary in order to get most other forms of identification, including your California state ID or driver license. |
|
NATURALIZATION CERTIFICATE |
$345 (may be free if you show financial hardship) |
If you are a naturalized citizen, meaning you were born outside of the United States and became a citizen later, you will not have a U.S. birth certificate. Instead, you should use your naturalization certificate. |
|
SOCIAL SECURITY NUMBER/CARD |
Free |
Your Social Security number (SSN) is required to apply for jobs, education programs, financial aid, and government services. You need it to obtain other forms of ID, such as a state ID or driver license. |
|
CALIFORNIA STATE ID and/or DRIVER LICENSE |
$28 for a new state ID (but $8 reduced fee if you receive public benefits, and free for seniors and homeless people). If you are currently incarcerated — free state id may be available through cal-id program (learn more on pg. 43). $33 for a new CA Driver License. |
Both a California State ID and Driver License prove your age and identity, and they may prove your legal presence in the United States. Either one can be used as an official photo ID. You will likely need one of these in order to open a bank account, to register to vote, and to apply for jobs, housing, or public benefits. State IDs and driver licenses are generally considered the most common accepted forms of identification. A California Driver License is different from a state ID in that it gives you driving privileges if you can meet all the state requirements. |
|
U.S. PASSPORT |
$135 for a new passport; $110 for a renewal |
This is necessary for traveling abroad and coming back to the United States. It is also considered an official photo ID. |
|
TRIBAL ID CARD |
It depends on the tribe. |
A tribal ID proves your enrollment in a particular Indian (Native American or Alaska Native) tribe, and can be used as official photo ID for some places (like federal buildings, airports, and banks), certain services (like the federal Indian Health Service), but not for other purposes (for example, it won’t work for notary services in California). |
|
RAP SHEET |
Approx. $50 ($25 with a fee waiver) |
Your RAP sheet is a chronological listing of your entire criminal history. You want to know what shows up on your RAP sheet because employers, Public Housing Authorities, schools, government agencies, and others may use your criminal history to decide if you are eligible for their services. (Go to the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, PG. 915) |
|
VOTER REGISTRATION |
Free |
When you register to vote, you will be sent a voter registration card in the mail to let you know that you’ve registered successfully. However, you do not need it to actually vote, as long as you’re registered. |
|
SELECTIVE SERVICE REGISTRATION |
Free |
All male U.S. citizens, and all males living in the United States (except those present on student or visitor visas) must register for the Selective Service if they are aged 18-25. Failure to do so can result in disqualification from, or loss of, certain federal and state benefits. In California, if you do not register, you will not be eligible for state student financial aid. Selective Service used to be called “the Draft.” |
|
LIBRARY CARD (OPTIONAL) |
Free |
A library card gives you access to free resources from your local public library, such as books, movies, and advice from librarians. It also allows you to use the library’s computers and access the Internet. |
IMPORTANT: For most, a birth certificate is the most critical ID you will need and the easiest one to get while still incarcerated. START THE PROCESS AS SOON AS POSSIBLE!
Whether or not you are a U.S. Citizen, if you were born outside the United States, you must check with the country in which you were born for the procedures to get your birth certificate (see PG. 35 for more information).If you were born out of the United States, but you are a U.S. citizen because one or both of your parents was a U.S. citizen, see PG. 35 on how to obtain your birth certificate.
Your birth certificate is important because it proves your legal name, age, birthdate, and birthplace. If you were born in the United States, it also proves your U.S. citizenship. Having a copy of your birth certificate is necessary to get other key forms of ID.
It depends on what STATE you were born in. Each U.S. state maintains its own birth records. [10] The federal government does not keep records or issue copies of birth certificates. [11] Thus, the requirements and procedures for getting official copies of birth certificates vary from state to state. [12]
If you were born in the U.S., here is the general process: [13]
See PG. 32 for more information on each step.
Notarization is when a government-approved person (called a “notary public” or just a “notary”) validates an important document. The notary must witness signatures to that document.
1) Photo ID issued within the last 5 years. This can be: a state ID or a driver license from any U.S. state, a passport from any country, a U.S. Military ID, a Canadian or Mexican driver license, or a California government employee ID card. IF YOU ARE CURRENTLY INCARCERATED: You can use your prison ID card while you are still incarcerated, but not after you get out. This is why it is so important to get your birth certificate before you are released, if possible. 2) One witness whom the notary knows and who knows you . This witness will need to show one of the forms of acceptable ID listed above, and verify under oath who you are. —OR—3) Two witnesses who know you (but the notary does not need to know them). Both witnesses will also be required to show one of the forms of acceptable ID listed above, and verify who you are under oath.
Try your local bank, credit union, public library, City Hall, courthouse, Post Office, FedEx or UPS store, senior center, or public school. Always call the location and check its website to make sure a notary exists, what times it is available, and the cost. IF YOU ARE CURRENTLY INCARCERATED: State prisons must provide notary services. [15] Contact your corrections counselor to make an appointment, as the services may only be available on certain days and times.
In California, the most a notary can charge is $10.00 per signature. However, mobile notary services that come to you are allowed to charge more. [16] IF YOU ARE CURRENTLY INCARCERATED: There is an administrative fee, which varies by facility, and is taken out of your inmate trust account. If you would rather use a mobile notary, you’ll need to find one in your area that does jail/prison visits. You may need to ask a family member or friend to help arrange the visit.
It is best to get an authorized certified copy of your birth certificate. Only an authorized certified copy of your birth certificate can be used as proof of your identity. An informational copy is not accepted as a government-issued ID and, therefore, you cannot use it to obtain other forms of official ID. [17]
CERTIFIED COPY — A “certified” copy of your birth certificate is any official copy of your birth certificate issued by the Office of the County Recorder in the county where you were born, or from your state’s Office of Vital Records. [18] These offices issue two types of certified copies — “authorized” and “informational.”
You must go through one of two sources to get your California birth certificate: (1) the California Department of Public Health (CDPH), or (2) the County Recorder’s Office of the county where you were born. Generally, it is easier to go through the County Recorder’s Office, but there are pros and cons to each. See the chart on PG. 32 to learn details about the pros and cons.
THIS CHART EXPLAINS THE PROS & CONS OF REQUESTING YOUR BIRTH CERTIFICATE FROM THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH (CDPH) VS. THE COUNTY RECORDER’S OFFICE.
|
WHERE TO GET YOUR BIRTH CERTIFICATE: CDPH or County Recorder’s Office? |
|
|
CALIFORNIA DEPARTMENT OF PUBLIC HEALTH (CDPH) |
COUNTY RECORDER’S OFFICE |
|
TIME: Takes longer to process (4-6 weeks). |
TIME: Takes less time to process (same day, in person). |
|
REQUEST METHOD: Must be done by mail. |
REQUEST METHOD: May be done by mail OR in person. |
|
FEE: Standard fee (currently $25, but subject to change). |
FEE: Fees vary by county. It may be more or less than what the CDPH charges. |
|
STATEWIDE REACH: CDPH is a good option if you don’t know what county you were born in. It covers all counties in California, and the CDPH can help you locate your birth county. |
COUNTY REACH ONLY: The County Recorder’s Officer can issue birth certificates only for births within that county, not statewide. So it’s good if you know exactly which county you were born in. |
|
APPLICATION FORMS: Accepts standard state form only ( see the next question which explains how to get a copy) |
APPLICATION FORMS: Accepts state and county forms (see the question on PG. 33 which explains how to get a copy) |
The CDPH only accepts requests by mail . The process is as follows:
You can request this form by mail from the CDPH by writing to: California Department of Public Health, Vital Records — MS 5103, P.O. Box 997410, Sacramento, CA 95899-7410.
This form is also available to download from the CDPH website at: http://www.cdph.ca.gov . [22] A sample application is provided in Appendix A, PG. 78, but check the website for the most up-to-date form. To fill out the form, you will generally need to know your birth name, your birth date, the city where you were born, and your parents’ names, including your mother’s maiden name. If you do not know all of this information, fill in as much as you can.
The Sworn Statement is on page 3 of the application form (Form VS 111), and is required to verify the information on your application. [23] By signing the Sworn Statement, you are declaring “under penalty of perjury” that you are entitled by law to receive an authorized copy of the birth certificate.
You must then get the statement notarized . See the box on PG. 31 for an explanation of how to get a document notarized.
This must be a check or money order made payable to “CDPH Vital Records.” [24] Do not send cash. At the time of writing this manual, the CDPH fee is $25, but it could change. The current fee amount will be on the CDPH application form .
Your final packet should include: (1) your application form, including the notarized Sworn Statement, and (2) your fee payment (check or money order). [25] At the time of writing this Guide, application packets should be mailed to: California Department of Public Health, Vital Records — MS 5103, P.O. Box 997410, Sacramento, CA 95899-7410.
If you know what county you were born in, we recommend going directly through your County Recorder’s Office. Because the CDPH handles requests for the entire state, it often takes longer than if you go directly to the County Recorder’s Office, where it will be a much faster process (sometimes even the same day). [26] The County Recorder’s Office is also more convenient because you can make your request in person as well as by mail.
Whether you plan to make your request in person or by mail, you first need to locate the Recorder’s Office in the county in which you were born. The CDPH provides a statewide directory of County Recorder’s Offices (addresses, phone numbers, and websites). To get the address and phone number for the County Recorder’s Office, call CDPH Customer Service at 1-916-445-2684 or visit the website at: http://www.cdph.ca.gov/ and search for “birth certificates.” [27] You can also use Directory Assistance to locate the address by dialing 4-1-1 from any phone, but this service charges a fee (as much as $1.99 per 4-1-1 call). [28]
Once you have located the Recorder’s Office in the county where you were born, you will need to decide if you want to request your birth certificate in person or by mail. In most counties, if you request the document in person at the Recorder’s Office, this is the best option because the clerk can tell you almost immediately whether or not there is a record of your birth on file, and you can ask the clerk questions if there is trouble locating the correct record. Also, you might even be able to get the certified copy that same day. However, this may not be the right option for you if you are unable to travel to your birth county because of parole or other travel restrictions.
REQUESTS TO RECORDER’S OFFICE BY MAIL:
After you have located the Recorder’s Office in the county where you were born, you will need to get a copy of that county’s specific application form. You can request the form by phone or by mail, or you can download it from the County Recorder Office’s website. Once you have the form, the process for requesting your birth certificate by mail is the same as the process for requesting it by mail from the CDPH (see those instructions on PG. 32). Remember to:
REQUESTS TO RECORDER’S OFFICE IN PERSON:
If you plan on making your request in person, you can either get an application ahead of time by mail or online, or you can pick one up in person. The process for getting a birth certificate in person is slightly different than by mail. However, the information you will need to show is the same.
The biggest difference between requesting your birth certificate by mail and requesting it in person is that the office may ask you for a photo ID if you make your request in person. Don’t worry if you do not have a valid form of ID—there is usually a way around this! Every office will have different policies and requirements, so make sure you call ahead and ask so that you can be prepared for how they will allow you to identify yourself. Below are some alternatives to presenting a photo ID:
You will need to know your birth name, your birth date, the city you were born in, and your parents’ names, including your mother’s maiden name.
The federal government does not keep a centralized database of birth records. Each state maintains its own. Each state has its own procedures for requesting an authorized certified copy of your birth certificate for identification purposes, and the fees vary. You will need to find out the procedures for your birth state:
Each state has a Vital Statistics Office, sometimes called a Vital Records Office, that is in charge of birth records for that state. The Centers for Disease Control and Prevention (CDC) has a list of the address and phone number for each state’s Vital Statistics Office, as well as basic information about each state’s procedures. You can find this information on the CDC website at: http://www.cdc.gov/nchs/w2w.htm . You can also contact the CDC by phone at 1-800-CDC-INFO (1-800-232-4636), or write to:
Centers for Disease Control and Prevention
1600 Clifton Road
Atlanta, GA 30329-4027.
[30]
We have included a listing of Vital Statistics Office phone numbers and addresses for each state in Appendix B, PG. 82. Because this could change, you should check with the CDC for the most up-to-date information.
If you request a copy of your birth certificate from the state or county where you were born, but you receive a notice that there is no record available, you will have to locate a secondary record of your birth to serve the same identifying purpose as a birth certificate does. Secondary records are not considered as reliable as authorized certified birth certificates, but they can still help you prove your identity to obtain other forms of ID. Secondary records include:
If you are adopted, you must request an application for a certified copy of your birth certificate in the state where you were adopted, using your adoptive name. [32] If you were born outside the United States and adopted in California, there is a place to indicate this on the birth certificate form (and this might be the case in other states). [33]
If you are a U.S. citizen who was born abroad to U.S. citizen parent(s), your parent(s) should have reported your birth to the nearest U.S. Consulate or Embassy as soon as possible after you were born. [34] Under federal law, they should have applied in your name for a “ Consular Report of Birth Abroad of a Citizen of the United States of America” (also called “CRBA,” or Form FS-240). [35]
If your parents did register your birth with a U.S. Consulate or Embassy, the U.S. Department of State should have given them a CRBA in your name. Like a U.S. birth certificate, your CRBA is proof of your U.S. citizenship, and you can use it as official ID to get other key forms of ID, including a U.S. passport. [36]
The only people who can legally request a copy of your CRBA are: (1) you, (2) an authorized government agent, and (3) a person with written authorization. To request a copy of your CRBA, follow these steps:
For more information, call the Bureau of Consular Affairs at 1-877-487-2778 (TDD/TTY: 1-888-874-7793).
See the box on PG. 31 to learn how to get a document notarized .
Most, but not all, foreign countries record births and will provide certifications of births occurring within their boundaries. You should contact your birth country’s nearest Embassy or Consulate in the United States. Addresses and telephone numbers for these offices are listed in the U.S. Department of State Publication 7846, Foreign Consular Offices in the United States, which is available in many local libraries. Copies of this publication may also be purchased from the U.S. Government Printing Office, Washington, DC 20402.
If the Embassy or Consulate is unable to provide assistance, U.S. citizens may obtain assistance by writing to the Office of Overseas Citizens Services, U.S. Department of State, Washington, DC 20520-4818. Non-citizens residing in the United States may be able to obtain assistance through the Embassy or Consulate of their country of nationality.
If you were not born in the United States, but immigrated here and became a U.S. citizen at some point in your life, you are a naturalized citizen. You should have been issued a Certificate of Naturalization at the time you became a citizen. This is essentially the same as a birth certificate for purposes of obtaining other ID documents. [38] If your Certificate of Naturalization was lost or destroyed, you can apply for a new one. You will need to fill out an “Application for Replacement Naturalization/Citizenship Document” (Form N-565). You can call the Department of Homeland Security, Citizenship and Immigration Services, National Customer Services Center hotline at 1-800-375-5283 to have the form mailed to you. The form is also available online at http://www.uscis.gov/n-565 . [39] A copy of the most up-to-date form as of the time of this Guide’s first printing (2015) is at Appendix C, PG. 91.
If you were born in the U.S., and your birth was reported, the government assigned you a Social Security number (SSN) . Your SSN is a 9-digit number that is unique to you. The government uses it primarily to identify you, but also to track your income for tax purposes and to calculate any Social Security benefits you accrue as you work. Also, other institutions—like banks, hospitals, schools, and businesses—will use your SSN as a way to identify you. [40]
A Social Security card is a paper card that provides a record of your name and SSN. Social Security cards are issued only by the Social Security Administration of the federal government. Social Security cards are always free. [41]
While there are many circumstances in which you will need to provide your SSN , you will only need to show the actual Social Security card in a few limited situations—most commonly, when filling out employment paperwork. For this reason, it is a good idea to memorize your SSN, but store your Social Security card in a safe place and only carry it with you when you know you’ll need it.
Like your birth certificate, your SSN proves who you are. You’ll need to provide your 9-digit SSN to access government services and to apply for jobs, public benefits, housing, a driver license, health care, education programs, and financial aid. [42]
If you were assigned a SSN at some point in your life, but you don’t know it now, you need to request a replacement card . This is the only way to get your number because the Social Security Administration (SSA) does not give out Social Security numbers any other way. You can apply for a replacement card by mail or in person at a local SSA Field Office. For more information on getting a replacement card, see PG. 38 if you’re incarcerated, or PG. 39 if you’re out.
Yes. If you were never assigned a SSN, you will need to apply for an original card . [44] See PG. 41 for more information on getting an original card.
Maybe. If you never had a SSN, the Social Security Administration (SSA) will not assign you a new SSN or issue you an “original” Social Security card while you are incarcerated. You will have to wait until you get out.
However, if you were given a SSN at some point in the past, the SSA may issue you a replacement card with your original number on it while you are incarcerated—under limited circumstances. [45] See the next question (PG. 38) to learn how to get a replacement card while incarcerated.
The steps for requesting a replacement card while you are incarcerated is fairly straightforward. However, due to conflicting rules and practices within the Social Security Administration (SSA), it’s hard to say whether your request will succeed. You should try anyway. Here are key factors that may affect your chances of success:
Unfortunately, this information is not readily available. It may be best to just apply for a replacement Social Security card and see if it works!
The process for requesting a replacement Social Security card while you are incarcerated is the same whether your facility has a MOU with the SSA or not. Follow these steps:
The recommended way to get this form is by calling the Social Security Administration (SSA) at 1-800-772-1213 and asking to have the form mailed to you. You may also be able to get the form by writing to your local Field Office or the closest Social Security Administration Regional Office. The Regional Office that serves California is:
SSA
Regional Public Affairs Office
P.O. Box 4201
Richmond, CA 94804
Keep in mind that this office also serves Arizona, Nevada, Hawaii, Guam, American Samoa, and the Commonwealth of the Mariana Islands, so it may take some time to process your request. You might also try asking your correctional counselor or other prison services staff if they have the form on hand. (For reference, we have included a sample Form SS-5 in Appendix D, PG. 94).
You will need to submit two documents with your application:
Whether or not your institution has a MOU agreement with the SSA, you should include the prison staff’s certification of your identity, as well as a copy of your prison ID card, if possible. In fact, you should include any and all documents related to your identity, because the SSA must consider everything. Start gathering documents while you’re incarcerated. If you don’t have primary forms of ID, you can use these types of proof after you get released, as well. Along with your birth certificate, these documents will probably be enough. For more information on “other proof of identity,” see PG. 40.
You can apply to your local SSA office in person or make the request by mail. We strongly recommend applying IN PERSON for 3 reasons:
You can only get an original SSN and card after you’re released. Go to PG. 41 to learn how.
If you’re not sure if you’ve ever had a SSN, unfortunately there’s no easy way to check. There are services that you can pay to check, but it’s unclear if they are trustworthy. For this situation, we suggest trying to get a replacement card, and seeing if the SSA tells you that there was no original card to replace.
Proof of identity must show 3 key facts about you (which you may be able to pull off with just one document): [48]
You may need to show only one “primary” ID document, [49] if that one document shows all 3 key facts about you by itself. Primary ID documents that are accepted as proof of identity for a replacement Social Security card are:
The documents you submit must show your legal name AND provide biographical information (date of birth, age, or parents’ names) as well as physical information (a photograph or physical description — height, eye and hair color, etc.). Generally, ID without an expiration date are acceptable if they were issued in the past 2 years. [51] If you don’t have these documents, find the information you need in this chapter’s Table of Contents on PG. 22.
Search online at http://www.socialsecurity.gov or call the SSA at 1-800-772-1213.
Remember, the SSA agent will evaluate the evidence you bring in and make a judgment call as to who you are. If you are there in person with as much identifying documentation as possible, hopefully all of your documents combined will be enough to prove your identity (even if each of your documents, considered separately, might not be enough).
IMPORTANT: HOW TO GET A SOCIAL SECURITY CARD WHEN YOU DON’T HAVE PRIMARY ID:If you have been incarcerated since you were young and/or for a long time, you may never have had primary ID documents, or the they may have been lost or destroyed. Unfortunately, the SSA’s rules are not written with your situation in mind. Fortunately, even if you do not have primary ID, you may be able to get a replacement Social Security card. Gather as much identifying information and documentation as you can, and include it with your application. Then, on a case-by-case basis, the SSA will decide whether or not you have presented enough proof of who you are. IF YOU DO NOT HAVE PRIMARY ID, USE AS MANY OF THE FOLLOWING AS YOU CAN:
If you are sending your application by mail, you must send the originals of all your ID documents, so you won’t have those original documents until your claim has been processed and the IDs have been mailed back to you. Make copies of every document before you send it in!
You can get this form from your local Social Security Administration (SSA) Field Office, download it from the SSA’s website at http://www.socialsecurity.gov/forms/ss-5.pdf , or call the SSA at 1-800-772-1213 and ask to have the form mailed to you. If you decide to call the SSA, be patient. You will likely not speak to a live person, but will have to navigate through several voice prompts before getting to the right function. (See a sample Form SS-5 in Appendix D, PG. 94).
See STEP 1 on PG. 39 — the same types of proof apply by mail. [53]
To get the address of your local Field Office, call 1-800-772-1213, or visit the SSA’s website at: https://secure.ssa.gov/ICON/main.jsp and enter your ZIP code. [54]
If you have never had a Social Security number (SSN)—meaning you were never assigned one at any point in your life—you need to apply for an original number. The process is similar to the process for getting a replacement card, but it must be done in person , and the ID requirement is stricter.
To get your SSN, you must prove your identity (a process called “enumeration”) with proof of: (1) your age; (2) your U.S. citizenship or legal presence; and (3) your identity. [55]
For an original SSN , you must bring more than one document to prove this information (not just one primary ID document). However, the types of ID documents you can use as proof are the same as for getting a replacement card (see PG. 39). [56] Some documents carry more weight than others: an authorized certified birth certificate (or proof of naturalization, hospital record, or religious record) will be the most important. Remember, the SSA Field Office reviewer has to decide that you are who you claim to be. Give him or her every reason to believe so, and bring as much proof as possible.
Go to the website https://secure.ssa.gov/ICON/main.jsp to locate a local SSA Field Office.
Bring with you everything that could help prove who you are — even family members who can vouch for you (they must bring valid ID for themselves)! An SSA Field Office reviewer will interview you and review all the documents you bring. Depending on what you provide, the reviewer may ask for additional evidence of your age, citizenship/legal presence, or identity. [57] The reviewer will enter all of your documentation into the SSA’s electronic application system. [58] Generally, if the reviewer believes your documents are authentic and that you are who you say you are, your completed electronic application will be sent to a central office, and you’ll be issued a Social Security card within about 2 weeks. If your information needs to be verified, the process can take several weeks or months. [59]
A state ID card and a Driver License are the most commonly used forms of identification for most people in their daily lives. In California, the Department of Motor Vehicles (DMV) issues both of these documents. The major difference between these two forms of ID is that a California state ID card can be used only for identification purposes, but does not permit you to drive a car. A California driver license can be used for identification AND permits you to drive a car. [60]
Once you have an authorized copy of your birth certificate (PG. 30) and know your Social Security number (SSN) (PG. 37), you have what you need to apply for a California state ID card or a California driver license.
See PG. 58 for options!
Both a California state ID and a California driver license serve as an official government-issued, photo identification that can be used to prove your identity, age, and legal presence in the United States (unless you have an “undocumented person” California driver license). Either one will allow you to prove your identity, for example, when you open a bank account, register to vote, or apply for jobs, housing, or public benefits.
If you eventually want to drive , you will need to get a driver license, but because that process requires testing, we recommend that you get a California state ID first, since ID is needed right away after release. Once you get a state ID, you can go back later for a driver license.
THIS CHART COMPARES two TYPES OF IDENTIFICATION: CALIFORNIA STATE ID VS. DRIVER LICENSE.
|
CALIFORNIA STATE ID vs. DRIVER LICENSE |
|
|
CALIFORNIA STATE ID |
CALIFORNIA DRIVER LICENSE |
|
Government-issued ID; can be used to prove age, identity, and legal presence. |
Government-issued ID; can be used to prove age, identity, and legal presence.*** |
|
Some people can obtain while incarcerated through CAL-ID program. |
Cannot apply while incarcerated; you must apply in person upon release. |
|
Requires only birth certificate and SSN. |
Requires birth certificate and SSN; plus, you must take and pass a written test and a road test. |
|
Does not authorize you to drive a car. |
Authorizes you to drive a car. |
|
There are no restrictions in getting a CA state ID based on your criminal history. |
There could be some restrictions in getting a CA Driver License, depending on your criminal history. |
*** A NOTE IF YOU ARE UNDOCUMENTED:As of January 1, 2015, if you cannot provide proof of legal presence in the United States, but otherwise qualify for a California driver license, you can apply for a “non-ID” driver license. If you hold this license, you can legally drive a motor vehicle in California; but it does not prove legal presence in the United States for any purpose. [61] Read more about other forms of ID in California for undocumented people on PG. 58.
You cannot apply for a driver license from prison or jail. This must be done in person.
But you might be able to apply for a California state ID if your prison has a California Identification Card (“CAL-ID”) program and you have a release date. Find more information on the CAL-ID program below on PG. 43.
The CAL-ID program provides certain state prisoners with a valid California state ID card — FOR FREE — at the time they are released . [62] This means all eligible prisoners in a California state prison have the right to receive a California state ID when they leave prison. In the past , the CAL-ID program was available only at prisons designated as “reentry hubs.” But starting January 1, 2015, a new state law requires that the CAL-ID program expand to ALL adult state prisons in California. [63]
As of July 2015, the CAL-ID program has been expanded to all 36 state prisons in California. HOWEVER, the CAL-ID Program is NOT available at CDCR’s contracted facilities (also called “community correctional facilities”) or CDCR’s conservation camps (also called “fire camps”). This is because CDCR and the DMV do not consider contracted facilities or fire camps to be “state prisons” under the law. [64] This interpretation has not been challenged.
Thus, the CAL-ID program is not available at fire camps OR contracted facilities, which include:
If your facility is a community correctional facility or a fire camp, then unfortunately you cannot apply for a state ID card through the CAL-ID program while you are incarcerated. You will have to wait to apply for a state ID card after release.
No. Currently, lifers are NOT eligible to get the Cal-ID, even at facilities that sponsor them.
Under the expanded CAL-ID program, you are eligible for a California state ID if:
(1) Schedule an appointment. To avoid waiting in long DMV lines, call (1-800-777-0133) or go online ( http://www.dmv.ca.gov ) ahead of time and request an appointment time. Some offices have a back-log of appointments and you might not be able to get one for several weeks. In that case, going in person might be better!(2) Request an application by mail and fill it out before you go. You can call the DMV at 1-800-777-0133 to request that the California Driver License or ID card application (Form DL 44) be mailed to you so you can fill it out at home. Remember, you must still go to the DMV office to submit the application in person (you can’t submit it by mail).
REMEMBER: Even if you are not eligible for the CAL-ID program, you can still apply for a California state ID through the normal process after you are released. Below, learn how to apply for a California state ID once you’re out.
If you want to apply for a California state ID card through the CAL-ID program, talk to your correctional counselor (also called a “CC I”) at the prison. [66]
CDCR has informed us that the screening process takes place during the Release Program Study (RPS), which is usually performed 120-240 days prior to the prisoner’s release (read more about the RPS on PG. 144). CDCR has also informed us that a Parole Services Associate (PSA) collects the CAL-ID applications, sends them to CDCR headquarters, and monitors each prisoner’s progress in the CAL-ID program using an electronic tracking log.
As your release date approaches, you should be meeting with your counselor to develop a reentry plan. If you’re eligible for the CAL-ID program, your counselor should help you fill out the application for a California state ID. (If your counselor has not mentioned the program, and you think you are eligible, you should bring it to your counselor’s attention.) Next, the prison staff should check that all of your information is accurate, and then send your application to the CAL-ID Coordinator’s office at CDCR, which then shares it with the DMV. NOTE: If you aren’t sure where you’ll be living, you can fill out the CAL-ID application using the address of a parole office in your county of release. Once you get out, you are responsible for going to the DMV to update your address.
If the DMV finds you eligible, it will send your new California state ID directly to the prison. The prison will hold the ID in your file and give it to you at the time you are released. NOTE: It’s possible that your California state ID card won’t arrive in time for your release (for example, if your release date is recalculated so that you get out earlier than expected). If this is the case, once your California state ID card is ready, the prison should send it to your address in the community, or (if you’re on parole) send it to your parole officer to give it to you.
If you have questions about the CAL-ID program, call Nikita Singh, CAL-ID Coordinator, In-Prison Unit, Division of Rehabilitative Programs, California Department of Corrections and Rehabilitation (CDCR), at the following phone number: (916) 327-3352, and/or talk to your correctional counselor.If you have Internet access, you can also view CDCR’s Fact Sheet on the CAL-ID program online:
http://www.cdcr.ca.gov/Rehabilitation/docs/Factsheets/Info_CALID_June2016.pdf
There are 2 types of California state ID cards: (1) regular state ID cards , which are good for 6 years, and (2) senior state ID cards , for people 62 years and older, which are good for 10 years.
The process and the application form are the same for all 3 situations. Follow the steps below!
There are 179 local DMV field offices throughout the state. [67] You can find the office closest to you by calling the DMV directly at: 1-800-777-0133, or by looking up field offices on the DMV’s website at: http://apps.dmv.ca.gov/fo/fotoc.htm . The DMV website offers both a city-by-city directory [68] and a “regional map” [69] where you can search for a field office by your home address.
To get certification from CDCR, send a letter requesting a Legal Status Summary from:
CDCR Archives Unit
2015 Aerojet Rd., Suite D
Rancho Cordova, 95742. In your letter, say you are requesting a Legal Status Summary to prove your birth date and legal presence to the DMV. You must include your
name
,
CDCR number
,
phone number
,
signature
, and a
reliable address
where the Archives Unit can mail you back the certification. No requests by phone or fax. You may also ask your parole agent for a certification letter—be sure that the photo they print out is in color.
ONE SMALL EXCEPTION: If you are a non-citizen , you don’t need to bring a SSN to the DMV if you are legally present [72] in the United States (meaning living in the United States under lawful status), and you don’t have a SSN because you aren’t authorized to work. [73] If this is your situation, you can still apply for a California state ID as long as you prove your birth date and legal presence, as described below. [74]
Whether you have a SSN or not, you must prove your birth date and legal presence in the United States to get a state ID. The DMV accepts many kinds of documents for this purpose, depending on your situation. Examples include:
FEE PAYMENT: Unless you qualify for a fee waiver, pay $28 by cash, check, money order, or debit card (not credit card). FEE WAIVERS ARE AVAILABLE IN THE FOLLOWING SITUATIONS: (1) If you bring proof that you receive public assistance, you can get a Reduced Fee ID for $8 (see PG. 46); [83] (2) If you are over age 62 , you can get a Senior ID for FREE ; and (3) If you are homeless, you can get a few ID. Read more in the box below!
IMPORTANT INFORMATION REGARDING FEE WAIVERS:To get a REDUCED-FEE STATE ID (which is $8), you must bring proof to the DMV that you receive public benefits. First, have someone who can verify that you receive benefits fill out DMV Form DL 937 and then bring it to the DMV. If you receive public benefits such as CalWORKs, CalFresh, or General Assistance/General Relief (“GA/GR”), you may qualify for the reduced fee state ID. [84] Go to the county office that manages your public benefits, and ask for someone there to fill out and sign the DMV form called “Verification for Reduced Fee Identification Card” (DMV Form DL 937)—read more in Appendix F , PG. 99). Bring the completed and signed form with you to the DMV. [85] Alternatively, if you receive services from a nonprofit organization in California that helps people apply for public benefits — like a health clinic, legal services provider, etc. — you can ask if a staff person at the nonprofit is able to fill out and sign DMV Form 937. If you qualify, you will pay $8 instead of the standard $28 fee for your state ID! [86] To get a FREE ID, you must have an attorney or a non-profit or government homeless services provider fill out DMV Form DL 933 showing that you are homeless, and then bring this form to the DMV. If you are homeless you should be able to get a free California ID card. [87] Please note that the definition of homeless is very broad— it can include people who are about to lose their homes; don’t have a stable place to stay; or have to leave where they live do to a life-threatening situation. [88] You will need a “homeless services provider” (usually a non-profit or government agency) or a lawyer fill out the “No Fee Identification Card Eligibility Verification” (DMV Form DL 933), and bring that form to the DMV with you—read more in Appendix F , PG. 99).
After you have submitted your application and paid the fee, DMV staff will print a temporary paper ID for you. You can use this temporary paper ID until your official California state ID card arrives in the mail. HOWEVER, your temporary ID will not have your photo on it, so it usually won’t be accepted as proof of your identity. Your California state ID will be valid for 6 years . [89]
*** A NOTE IF YOU ARE UNDOCUMENTED:As of January 1, 2015, if you cannot provide proof of legal presence in the United States, but otherwise qualify for a California driver license, you can apply for a “non-ID” driver license. If you hold this license, you can legally drive a motor vehicle in California; but it does not prove legal presence in the United States for any purpose. [90] Read more about other forms of ID in California for undocumented people on PG. 58.
Below are 3 charts that explain detailed steps for getting your California driver license after your release. Go to the chart appropriate for your situation: (A) “I’ve never had a driver license, but I want one;” (B) “I used to have a driver license, but it expired;” or (C) “I used to have a driver license, but it’s from another state.
|
I NEED A DRIVER LICENSE |
|||
|
(A) I’VE NEVER HAD A DRIVER LICENSE . . . |
|||
|
…BUT I WANT ONE |
WHAT DO I HAVE TO DO TO DRIVE LEGALLY? |
||
|
New driver |
Find a DMV office near you. (Go to
http://apps.dmv.ca.gov/fo/offices/locator/locator.htm
to locate one.)Prepare the information and documents you need to bring to the DMV. For U.S. citizens and those legally present in the U.S. this information is: (1) your 9-digit SSN. (If you don’t have/don’t know it, follow the instructions on PG. 37 first), and (2) proof of birth date and legal presence. (See PG. 45 to find out how)Submit Driver License Application to DMV.Present the documents and information listed above, along with an accurate mailing address that will be good for at least 60 days.Give a thumbprint; get your photo taken; pass a vision test.PAY THE FEE OF $33. You may pay by cash, check, money order, or debit card — but not credit card. You can’t reduce this fee.Prepare for the written (or audio) traffic test.Review the California Driver Handbook, which is available for free at any DMV office, or online at
https://apps.dmv.ca.gov/pubs/dl600.pdf
. The Handbook is available in print and audio forms, and has been translated into several different languages.
[91]
Take a free optional driving knowledge tutorial at
www.dmv.ca.gov/pubs/interactive/tdrive/flash/flash_intro.htm
.Take a sample test. You can ask for a free sample test at your DMV office, or can find one online at
www.dmv.ca.gov/pubs/interactive/tdrive/exam.htm
.
[92]
Make an appointment to take the written (or audio) traffic testBy phone at 1-800-777-0133, or online (
http://www.dmv.ca.gov
). The DMV doesn’t give tests after 4:30 p.m., so be sure to schedule an appointment early enough to give you time to wait in line, fill out papers, and take the test.
[93]
If you want to take an audio version of the test or have an examiner read the questions to you, the DMV should accommodate this request. The written version is offered in 32 languages. The audio version is offered in 12 languages.
[94]
Pass written/audio traffic test.If you don’t pass: you must wait until the next day to retake it. Over the next 12 months, you can take it again for free up to 2 more times. After that, you must pay to take it again.
[95]
If you pass: the DMV will issue you a permit that you must have on when you practice driving with a licensed driver.Prepare for the behind-the-wheel road test.Have a licensed adult driver in the car with you while you practice driving. You’ll want to practice starting the vehicle, moving forward, stopping, turning, backing up, changing lanes, driving on the freeway, parking, and using defensive driving techniques.
[96]
NOTE: Until you pass your road test, it’s illegal for you to drive without a licensed driver in the vehicle with you.Book an appointment to take the behind-the-wheel road test.By phone (1-800-777-0133), or online (
http://www.dmv.ca.gov/foa/welcome.do?localeName=en
). The DMV does not have cars for you to drive — you must bring one that is safe to drive and has a valid registration card. If you plan on driving to your appointment, remember to go with an adult licensed driver.Bring proof of insurance to the DMV for the car you plan to drive.
[97]
You must have proof the car is properly insured.
[98]
Take the behind-the-wheel road testIF YOU PASS: you’ll get a temporary California driver license to use until your official photo license arrives by mail. The temporary license is valid for 60 days. If your photo license doesn’t arrive within 60 days, call 1-800-777-0133 to check the status of your license. When you call, have your temporary license available to provide information. IF YOU DON’T PASS: keep practicing and make an appointment to take another driving test. Within 12 months after getting your permit, you can take the test up to 2 more times for $6 each time. After that, you must restart all the steps, including submitting a new application form, taking the written (or audio) test and the road test.
[99]
|
||
|
I NEED A DRIVER LICENSE |
|||
|
(B) I USED TO HAVE A DRIVER LICENSE, BUT IT EXPIRED. |
|||
|
TIME SINCE D.L. EXPIRED |
WHAT DO I HAVE TO DO TO DRIVE LEGALLY? |
||
|
I used to have a driver license, and it expired less than 6 months ago. |
Find a DMV office near you (go to
http://apps.dmv.ca.gov/fo/offices/locator/locator.htm
to locate one)Prepare the information and documents you need to bring to the DMV. For U.S. citizens and those legally present in the U.S. this information is:Your 9-digit SSN.
[100]
(If you don’t have/don’t know it, follow the instructions on PG. 37)Proof of birth date and legal presence. (See PG. 45 to find out how)Submit Driver License Application to DMV.Present the documents and information listed above, along with an accurate mailing address that will be good for at least 60 days.Give a thumbprint; get your photo taken; pass a vision test.
[101]
PAY THE FEE OF $33. You may pay by cash, check, money order, or debit card — but not credit card.
[102]
There is no option to reduce this fee.
|
||
|
I used to have a driver license, and it expired more than 6 months ago, but less than 4 years ago. |
Find a DMV office near you. (Go to
http://apps.dmv.ca.gov/fo/offices/locator/locator.htm
to locate one)Prepare the information and documents you need to bring to the DMV. For U.S. citizens and those legally present in the U.S. this information is:Your 9-digit SSN.
[103]
(If you don’t have/don’t know it, follow the instructions on PG. 37)Proof of birth date and legal presence. (See PG. 45 to find out how)Submit Driver License Application to DMV.Present the documents and information listed above, along with an accurate mailing address that will be good for at least 60 days.Give a thumbprint; get your photo taken; pass a vision test.
[104]
PAY THE FEE OF $33. You may pay by cash, check, money order, or debit card—but not credit card.
[105]
There is no option to reduce this fee.Prepare for the written (or audio) traffic test.Review the California Driver Handbook, which is available for free at any DMV office, or online at
https://apps.dmv.ca.gov/pubs/dl600.pdf
. The Handbook is available in print and audio forms, and has been translated into several different languages.
[106]
Take a free optional driving knowledge tutorial at
www.dmv.ca.gov/pubs/interactive/tdrive/flash/flash_intro.htm
.Take a sample test. You can ask for a free sample test at your DMV office, or can find one online at
www.dmv.ca.gov/pubs/interactive/tdrive/exam.htm
.
[107]
Make an appointment to take the written (or audio) traffic testBy phone at 1-800-777-0133, or online (
http://www.dmv.ca.gov
). The DMV doesn’t give test after 4:30 PM, so be sure to schedule an appointment early enough to give you time to wait in line, fill out papers, and take the test.
[108]
If you want to take an audio version of the test or have an examiner read the questions to you, the DMV should accommodate this. The written version is offered in 32 languages.
[109]
The audio version is offered in 12 languages.
[110]
Pass written/audio traffic test.If you don’t pass: you must wait until the next day to retake it. Over the next 12 months, you can take it again for free up to 2 more times. After that, you must pay to take it again.
[111]
|
||
|
I used to have a driver license, and it expired more than 4 years ago. |
Find a DMV office near you. (Go to
http://apps.dmv.ca.gov/fo/offices/locator/locator.htm
to locate one)Prepare the information and documents you need to bring to the DMV. For U.S. Citizens and those legally present in the U.S. this information is:Your 9-digit SSN.
[112]
(If you don’t have/don’t know it, follow the instructions on PG. 37)Proof of Birth Date and Legal Presence. (See PG. 45 to find out how)Submit Driver License Application to DMV.Present the documents and information listed above, along with an accurate mailing address that will be good for at least 60 days.Give a thumbprint; get your photo taken; pass a vision test.
[113]
PAY THE FEE OF $33. You may pay by cash, check, money order, or debit card—but not credit card.
[114]
There is no option to reduce this fee.Prepare for the written (or audio) traffic test.Review the California Driver Handbook, which is available for free at any DMV office, or online at
https://apps.dmv.ca.gov/pubs/dl600.pdf
. The Handbook is available in print and audio forms, and has been translated into several different languages.
[115]
Take a free optional driving knowledge tutorial at
www.dmv.ca.gov/pubs/interactive/tdrive/flash/flash_intro.htm
.Take a sample test. You can ask for a free sample test at your DMV office, or can find one online at
www.dmv.ca.gov/pubs/interactive/tdrive/exam.htm
.
[116]
Make an appointment to take the written (or audio) traffic test.By phone at 1-800-777-0133, or online (
http://www.dmv.ca.gov
).The DMV doesn’t give test after 4:30 PM, so be sure to schedule an appointment early enough to give you time to wait in line, fill out papers, and take the test.
[117]
If you want to take an audio version of the test or have an examiner read the questions to you, the DMV should accommodate this request. The written version is offered in 32 languages. The audio version is offered in 12 languages.
[118]
Pass written/audio traffic test.If you don’t pass: you must wait until the next day to retake it. Over the next 12 months, you can take it again for free up to 2 more times. After that, you must pay to take it again.
[119]
If you pass: the DMV will issue you a permit that you must have on when you practice driving with a licensed driver.Prepare for the behind-the-wheel road test.Have a licensed adult driver in the car with you while you practice driving. You’ll want to practice starting the vehicle, moving forward, stopping, turning, backing up, changing lanes, driving on the freeway, parking, and using defensive driving techniques.
[120]
NOTE: Until you pass your road test, it’s illegal for you to drive without a licensed driver in the vehicle with you.Book an appointment to take the behind-the-wheel road test.By phone (1-800-777-0133), or online (
http://www.dmv.ca.gov/foa/welcome.do?localeName=en
). The DMV does not have cars for you to drive—you must bring one that is safe to drive and has a valid registration card. If you plan on driving to your appointment, remember to go with an adult licensed driver.
Arrange to bring proof of insurance
to the DMV for the car you plan on driving.
[121]
You must have proof the car is properly insured.
[122]
Take the behind-the-wheel road test.IF YOU PASS: you’ll get a temporary California driver license to use until your official photo license arrives by mail. The temporary license is valid for 60 days. If your photo license doesn’t arrive in the mail within 60 days, call 1-800-777-0133 to check the status of your license. When you call, have your temporary license available to provide information.
IF YOU DON’T PASS: keep practicing and make an appointment to take another driving test. Within 12 months after getting your permit, you can take the test up to 2 more times for $6 each time. After that, you must restart all the steps, including submitting a new application form, taking the written (or audio) test, and then taking the road test.
[123]
|
||
|
I NEED A DRIVER LICENSE |
|||
|
(C) I USED TO HAVE A DRIVER LICENSE, BUT IT’S FROM ANOTHER STATE |
|||
|
TIME SINCE D.L. EXPIRED |
WHAT DO I HAVE TO DO TO DRIVE LEGALLY? |
||
|
Hasn’t expired — still valid |
Find a DMV office near you. (Go to
http://apps.dmv.ca.gov/fo/offices/locator/locator.htm
to locate one)Prepare the information and documents you need to bring to the DMV. For U.S. citizens and those legally present in the U.S. this information is:Your 9-digit SSN.
[124]
(If you don’t have/don’t know it, follow the instructions on PG. 37)Proof of birth date and legal presence. (See PG. 45 to find out how)Submit Driver License Application to DMV.Present the documents and information listed above, along with an accurate mailing address that will be good for at least 60 days.Give a thumbprint; get your photo taken; pass a vision test.
[125]
PAY THE FEE OF $33. You may pay by cash, check, money order, or debit card—but not credit card.
[126]
There is no option to reduce this fee.
|
||
|
Expired more than 6 months ago, but less than 4 years ago |
Find a DMV office near you. (Go to
http://apps.dmv.ca.gov/fo/offices/locator/locator.htm
to locate one)Prepare the information and documents you need to bring to the DMV. For U.S. citizens and those legally present in the U.S. this information is:Your 9-digit Social Security number.
[127]
(If you don’t have/don’t know it, follow the instructions on PG. 37 first)Proof of birth date and legal presence. (See PG. 45 to find out how)Submit Driver License Application to DMV.Present the documents and information listed above, along with an accurate mailing address that will be good for at least 60 days.Give a thumbprint; get your photo taken; pass a vision test.
[128]
PAY THE FEE OF $33. You may pay by cash, check, money order, or debit card—but not credit card.
[129]
There is no option to reduce this fee.Prepare for the written (or audio) traffic test.Review the California Driver Handbook, which is available for free at any DMV office, or online at
https://apps.dmv.ca.gov/pubs/dl600.pdf
. The Handbook is available in print and audio forms, and has been translated into several different languages.
[130]
Take a free optional driving knowledge tutorial at
www.dmv.ca.gov/pubs/interactive/tdrive/flash/flash_intro.htm
.Take a sample test. You can ask for a free sample test at your DMV office, or can find one online at
www.dmv.ca.gov/pubs/interactive/tdrive/exam.htm
.
[131]
Make an appointment to take the written (or audio) traffic test:By phone at 1-800-777-0133, or online (
http://www.dmv.ca.gov
). The DMV doesn’t give test after 4:30 PM, so be sure to schedule an appointment early enough to give you time to wait in line, fill out papers, and take the test.
[132]
If you want to take an audio version of the test or have an examiner read the questions to you, the DMV should accommodate this request. The written version is offered in 32 languages.
[133]
The audio version is offered in 12 languages.
[134]
Pass written/audio traffic test.If you don’t pass: you must wait until the next day to retake it. Over the next 12 months, you can take it again for free up to 2 more times. After that, you must pay to take it again.
[135]
|
||
|
Expired more than 4 years ago |
Find a DMV office near you. (Go to
http://apps.dmv.ca.gov/fo/offices/locator/locator.htm
to locate one)Prepare the information and documents you need to bring to the DMV. For U.S. citizens and those legally present in the U.S. this information is:Your 9-digit SSN.
[136]
(If you don’t have/don’t know it, follow the instructions on PG. 37 first)Proof of birth date and legal presence. (See PG. 45 to find out how)Submit Driver License Application to DMV.Present the documents and information listed above, along with an accurate mailing address that will be good for at least 60 days.Give a thumbprint; get your photo taken; pass a vision test.
[137]
PAY THE FEE OF $33. You may pay by cash, check, money order, or debit card—but not credit card.
[138]
There is no option to reduce this fee.Prepare for the written (or audio) traffic test.Review the California Driver Handbook, which is available for free at any DMV office, or online at
https://apps.dmv.ca.gov/pubs/dl600.pdf
. The Handbook is available in print and audio forms, and has been translated into several different languages.
[139]
Take a free optional driving knowledge tutorial at
www.dmv.ca.gov/pubs/interactive/tdrive/flash/flash_intro.htm
.Take a sample test. You can ask for a free sample test at your DMV office, or can find one online at
www.dmv.ca.gov/pubs/interactive/tdrive/exam.htm
.
[140]
Make an appointment to take the written (or audio) traffic testBy phone at 1-800-777-0133, or online (
http://www.dmv.ca.gov
). The DMV doesn’t give test after 4:30 PM, so be sure to schedule an appointment early enough to give you time to wait in line, fill out papers, and take the test.
[141]
If you want to take an audio version of the test or have an examiner read the questions to you, the DMV should accommodate your request. The written version is offered in 32 languages.
[142]
The audio version is offered in 12 languages.
[143]
Pass written/audio traffic test.If you don’t pass: you must wait until the next day to retake it. Over the next 12 months, you can take it again for free up to 2 more times. After that, you must pay to take it again.
[144]
If you pass: the DMV will issue a permit that you must have when you practice driving with a licensed driver.Prepare for the behind-the-wheel road test.Have a licensed adult driver in the car with you while you practice driving. You’ll want to practice starting the vehicle, moving forward, stopping, turning, backing up, changing lanes, driving on the freeway, parking, and using defensive driving techniques.
[145]
NOTE: Until you pass the road test, it’s illegal for you to drive without a licensed driver with you.
[146]
Book an appointment to take the behind-the-wheel road test.By phone (1-800-777-0133), or online (
http://www.dmv.ca.gov/foa/welcome.do?localeName=en
). The DMV does not have cars for you to drive — you must bring one that is safe to drive and has a valid registration card. If you plan on driving to your appointment, remember to go with an adult licensed driver.
You must bring proof of proper insurance
to the DMV for the car you plan on driving.
[147]
Take the behind-the-wheel road testIF YOU PASS: You’ll get a temporary driver license to use until your official photo license arrives by mail. The temporary license is valid for 60 days.
[148]
If your photo license doesn’t arrive in the mail within 60 days, call 1-800-777-0133 to check the status. When you call, have your temporary license available.IF YOU DON’T PASS: Keep practicing and make an appointment to take another driving test. Within 12 months after getting your permit, you can take the test up to 2 more times ($6 each time). After that, you must restart all the steps: submitting a new application, taking a written (or audio) test, and taking a road test.
[149]
|
||
If your driver license was suspended or revoked , this means you lost your right to drive as a penalty for a violation, a criminal conviction, and/or an unpaid debt. Here are specific examples of issues that can cause your license to be suspended or revoked:
If your Driver License is suspended, that means you temporarily lose your driving privileges, but not forever. You will not be able to drive for a period of time, anywhere from 30 days to a few years. [154] After your period of suspension has passed, your license should be automatically reinstated.
However, if your license is suspended because of a physical or mental condition or disorder that affects your ability to drive, the suspension will be permanent if that condition becomes permanent. [155]
A restricted license allows you to drive during a period of suspension, but only for specific purposes that a judge has permitted, such as to attend work, school, or a court-ordered program (for example, a DUI class). [156]
If your Driver License is revoked, your driving privileges are “terminated” (ended). You may be able to get a Driver License again, but you likely will have to wait several years. In extreme cases, [157] you may be legally forbidden from ever driving again. [158] If you become eligible for a Driver License again, you will have to apply for a new license.
Maybe. Unless your license was permanently revoked, you should be able to regain your driving privileges if (1) the required time period of your suspension or revocation has passed, AND (2) you’ve fulfilled any conditions of your suspension or revocation. [159] Depending on the reason why your license was suspended, the length of suspension will vary, and the steps you must take to get your license back will also vary. [160] If your Driver License was suspended or revoked and you want to regain your driving privileges, here are some steps you can take: [161]
The requirements to reinstate your license will depend on exactly why it was suspended or revoked. Call the DMV at 1-800-777-0133, ask them to look up your case, and find out what you need to do. When you call, be prepared with your old Driver License number and any information the DMV has sent to you. [163]
Make copies of all your important documents, and keep careful records of all payments.
Confirm that you’re eligible to reinstate your license, and get proof from the DMV.
Once you’ve completed these 4 steps, you may be able to reinstate your driver license (if it was suspended ) or apply for a renewal driver license (if it was revoked ). In some cases, if you’ve completed some or most of the requirements, you may be able to get a restricted license if your suspension or revocation period hasn’t ended yet. [167]
NOTE: If your license was suspended due to court-ordered debt, and these debts have been referred to the California Franchise Tax Board (FTB) for collection, there is a special payment process to speed up the return of your driver license. For instructions, go online to https://www.ftb.ca.gov/online/Court_Ordered_Debt/payment.shtml , and see Appendix G, PG. 102.
If your driver license was suspended due to unpaid child support and you cannot pay the amount required, you can ask a judge to reinstate your license temporarily. To do so, you can file a Notice of Motion for Judicial Review of License Denial (Form FL-670) with the court that issued your child support order. [168] This form asks the judge of that court to consider giving you back your driver license so that you can continue to go to work and earn money to pay the child support. The judge, not the local child support agency (LCSA), will make the final decision. [169] For more information about child support, see PG. 770 of the FAMILY & CHILDREN CHAPTER.
This chart explains different requirements to regain driving privileges after a Driver License suspension [170]
|
EXAMPLES OF CALIFORNIA REQUIREMENTS TO REGAIN DRIVER LICENSE AFTER SUSPENSION |
|
|
REASON FOR SUSPENSION |
STEPS TO GET YOUR LICENSE BACK |
|
Negligent operator |
|
|
Driving under the influence of alcohol and/or drugs (DUI) |
NOTE: If you meet some or all of these requirements before your mandatory suspension period ends, you might be able to get a restricted license . |
|
Having a physical/mental condition or disorder |
Show that the condition no longer prevents you from driving safely by providing medical information and/or a satisfactory Driver Medical Evaluation (Form DS 326). |
|
Being involved in a car accident and not having proof of car insurance (“financial responsibility”) |
|
|
Failing to pay a traffic citation (FTP), or failing to appear in court on a traffic citation (FTA) |
|
|
Failing to pay child support |
|
Unfortunately, if your driver license was suspended or revoked in another state, you cannot get a California driver license until:
To figure out your situation and what steps you need to take, it’s best to contact the DMV agency in the state where your license was suspended or revoked. If you do not know which state this happened in, call the National Driver Register to find out (see next question).
Several laws and policies, explained below, may affect your ability to get or keep a California driver license.
National Driver Register (NDR) [175]
When you apply for a California driver license, the DMV will check to see whether your name is listed in the NDR’s Problem Driver Pointer System. [176] The NDR database contains information about all drivers who have had their licenses denied, revoked, or suspended, or who have been convicted of serious traffic violations such as driving under the influence of alcohol or drugs. [177] The NDR has information on drivers from all 50 states .
If your name appears in the NDR database, the DMV will investigate the reason and decide whether or not to issue you a California driver license. If your license was suspended or revoked in another state, the DMV will not issue you a California driver license until you fulfill the conditions of suspension or revocation in the other state (including paying all fines and reinstatement fees). [178]
You can find out if your name is in the NDR database and check your driver status for free by sending a request letter to the NDR. [179] Although the database does not contain details about your driving record (i.e., it will not tell you why your license was suspended), it will tell you the status of your driver license and the state where any problem occurred (called the “State-of-Record”). [180] If you already know the state in which your offense occurred, it may be faster and easier to contact that state’s DMV agency directly for information.
To check your NDR status, write and send a notarized letter (also called a “privacy act request”) to the NDR, stating that you would like a NDR file check. Be sure to include your full legal name, date of birth, gender, height, weight, eye color, and your previous driver license number and state (if you know them); your Social Security Number is optional. [181] If your name is in the NDR database, your driver license may have been suspended, cancelled, revoked, or denied because of a serious traffic violation. [182]
Once you know where the problem occurred in, you must contact that state’s DMV agency directly to find out how to fix the issue and reinstate your license. [183] You may need to request a copy of your driving record from that state to learn why your license was suspended or revoked. [184] If you think the NDR database is incorrect, you still need to contact the state DMV agency where the problem supposedly occurred. You need to resolve the error directly with that agency before the NDR can correct or delete your record. [185]
Driver License Compact (DLC)
The DLC is an agreement among most states, including California, to share driver records and information about traffic violations. [186] When you apply for a California driver license, the DMV will check to see if you ever had a driver license in another state. [187] If your license from another state was suspended , the DMV will not issue a new license to you until the suspension period is over. [188] If your license from another state was revoked , the DMV will not issue a new license to you until the revocation period is over or one year has passed since the revocation (whichever comes first). [189]
In addition, the DLC requires each state to enforce any traffic convictions that happened in other states — including by suspending or revoking your license for serious violations. For example, if you have a California driver license, but you were convicted of a DUI in another state, the state where your DUI occurred will report the conviction to the California DMV. The California DMV will then penalize you for the violation — possibly by suspending or revoking your California driver license — as if the violation had occurred locally. [190] The conviction will also appear on your California driving record. [191]
If you want to appeal your license suspension for an out-of-state traffic conviction, you must follow California’s appeal procedures. [192] In general, you have to show that the other state’s DUI conviction is not the same as California’s DUI laws, or that the conviction was invalid for some other reason. [193]
Nonresident Violator Compact (NRVC) [194] (not yet in CA)
The NRVC is an agreement among most U.S. states to enforce out-of-state traffic violations. If you get an out-of-state ticket and then fail to pay the fine or fail to appear in court, the state where you got the ticket will tell your home state (where your driver license is from). Your home state can then suspend your license based on your failure to comply with the out-of-state ticket.
Currently, California is not part of the NRVC, so failing to comply with an out-of-state ticket may not affect your California driver license. [195] (The California DMV can still penalize you for the traffic violation that caused your out-of-state ticket — just not for your failure to pay the ticket or appear in court.) On the other hand, if your driver license is from another state, but you receive a ticket in California, you may have to pay the traffic fine or post bail immediately (or risk arrest if you cannot pay right away), and/or you may lose the right to drive in California. [196]
If your right to drive in California has been suspended or revoked, but your driver license is from another state, you can use Form DL 300, “California Proof Requirements for Non-Residents,” to prove that you have the ability to pay and/or car insurance (called “financial responsibility”), and you can request that your California driving privileges be restored. The form is available online at http://apps.dmv.ca.gov/forms/dl/dl300.pdf .
Driver License Agreement [197] (not yet in CA)
The Driver License Agreement combines the DLC and NRVC into a single agreement, and increases enforcement of out-of-state traffic violations, making the rules stricter and more severe. [198] However, this agreement is still very new and doesn’t apply in most states (including California). [199]
No. Unfortunately, an “expungement” (a dismissal) won’t get your California driver license back if the DMV suspended or revoked it. [200] The only way to get your license back is to satisfy the requirements of the DMV.
No, you cannot get official ID that works for all government purposes if you are an undocumented immigrant living in California, BUT you may be able to get special types of ID that can be used in limited circumstances.
In this section, you will learn about the following options for ID, which undocumented people can use for limited purposes:
If you are an undocumented immigrant, but otherwise meet the requirements to drive legally in California, you may be able to get an AB 60 “Undocumented Person” driver license. It is very important to know that the AB 60 driver license is NOT an official form of ID because it does not qualify you for employment, voter registration, or public benefits in the United States. HOWEVER, an AB 60 driver license will allow you to drive a car legally in California—and California only. [201]
Proof of Residency: When applying for an AB 60 license, you will need to submit proof that you currently live in California. For a list of documents that meet this requirement, see Appendix H, PG. 103.
No. It is against state law for state police to discriminate against anyone driving with an AB 60 driver license in California, but federal agents in California and all law enforcement agencies outside of California are NOT required to honor your AB 60 driver license.
Depending on local laws and policies, you could face criminal or immigration consequences if you show your California “Undocumented Person” driver license to a police officer in another state—so use it only in California ! And do NOT try to use it in federal facilities, like airport screenings or crossing through Customs and Border Patrols! [202] Airports and Customs are run by the federal government, and they do NOT recognize AB 60 licenses—in fact, they can use it against you.
You may be able to get one of these limited forms of ID, which can be used for some but not all purposes:
Consular Identification Cards (CIDs): Some governments issue CID cards to identify their citizens who are living in foreign countries. CID cards can be issued to people who are undocumented or documented in the foreign county. See Appendix I, PG. 109, for a list of countries that issue CIDs. If you are a citizen of one of these countries, visit the nearest consulate to obtain your CID card. In the United States, CID cards can be a helpful ID document as you try to get a driver license, open a bank account, show proof of identity to police, and access other services. For example, in California, you can use a Mexican CID to get a driver license. However, CIDs do not grant you legal presence in the United States or other privileges. [203]
Municipal IDs: A handful of California cities have begun issuing municipal (“city”) ID cards for their residents. You can use these to get access to city services and benefits. More importantly, they are considered a form of identification by local officials and may provide evidence to get other forms of ID. Additionally, these forms of ID do not require proof of citizenship or legal presence of any kind.
San Francisco City ID Card — Photo ID card for San Francisco residents to get access to city programs and connect to local businesses. It proves identity and city residency; and it can be used as a public library card and to access other city services. For more information, visit the San Francisco County Clerk’s website at: http://www.sfgov2.org/index.aspx?page=110 , or call 2-1-1 in the San Francisco Bay Area.
Oakland City ID Prepaid Mastercard — Photo ID with an optional Prepaid Debit Card banking feature for Oakland residents. For Oakland residents who don’t have bank accounts, it provides an affordable alternative. For more information, visit http://www.oaklandcityid.com/ or call 1-888-997-3522.
Richmond City ID Card — Photo ID and prepaid debit card for Richmond residents. For more information, see http://www.richmondcityid.com/ or call 1-888-997-3522.
For more information on what it means to be an undocumented person in the United States, you can contact a referral and information hotline such as 1-888-6-CHIRLA (1-888-624-4752), provided in English and Spanish by the Coalition for Humane Immigrant Rights of Los Angeles . The hotline is open Monday through Friday, 9:00 a.m. to 5:00 p.m., and can provide direct services or refer you to other organizations that can help you. It is safe for non-citizens and undocumented people to call this hotline.
You can also check out these free resources online:
Finally, see the new information for immigrants with criminal records in the UNDERSTANDING & CLEANING UP CRIMINAL RECORDS CHAPTER on PG. 980.
If you have a U.S. passport, you can lawfully travel outside the United States and return home by air, sea, or land. A passport can be useful if you need to visit family abroad, especially in case of an emergency like illness or death. [204] A passport also counts as a government-issued photo ID for all purposes. For these reasons, if you are eligible OR when you become eligible for a U.S. passport, it is a good idea to get one!
To be eligible for a U.S. passport, you must: [205]
IMPORTANT! GET PERMISSION FROM YOUR PAROLE OR PROBATION OFFICER TO APPLY FOR A PASSPORT OR TRAVEL: If you are on supervision (like parole or probation), you MUST get permission from your parole or probation officer if you want to apply for a Passport (even if you are legally allowed to leave the country). [211] The officer can write a letter on your behalf giving the passport agency permission to issue you a U.S. Passport. You must submit this letter with your passport application. This is required even if you only want to use the Passport as photo ID, and don’t plan to travel outside of the country. If you submit an application for a U.S. Passport without first getting written approval from your supervising officer, you could face legal consequences, including your probation being revoked or a warrant being issued for your arrest. [212]
It depends on your situation. Some people can apply by mail . Others must apply in person .
You can apply for a U.S. passport BY MAIL if you:
You must apply IN PERSON if:
To apply for a U.S. passport, you will need ALL of the following types of documents: (1) Social Security Number, (2) proof of citizenship or naturalization, (3) photo ID, and (4) proof that you are off probation or parole. Here are more details about each of these 4 documents: [216]
If you don’t have any of the above , you must provide secondary evidence of citizenship [220] such as:
In certain situations, you can request to get your U.S. passport much faster — but you’ll need to meet special requirements, and you’ll have to pay extra. If you have an emergency that requires you to get a passport quickly, visit the website: http://travel.state.gov/content/passports/english/passports/services/expedited.html to learn what to do. From the U.S., you can also call 1-877-487-2778 (TDD/TTY: 1-888-874-7793), and speak with a representative during normal business hours, which are Monday-Friday, 8 a.m. to 10 p.m. (excluding federal holidays). If it’s a life-or-death emergency and you need to call outside of normal business hours, please call: 1-202-647-4000.
For this category (“Proof of U.S. Citizenship or Naturalization”), you will have to submit the ORIGINAL documents with your application. They will all be mailed back to you.
If you don’t have any of the above , you must provide a COMBINATION of secondary ID documents that have your name, photo, and signature. Bring all the documents you have. Examples of secondary ID documents include:
The original ID documents in this category don't need to be sent in with your application, but copies do. Bring the original ID document(s) to show in person when you apply, plus a copy of each ID document to submit with your form.
This form is available at any Passport Office, and also may be available from some Passport Acceptance Facilities. You can go on the Internet from any computer and download the form on one of these websites: http://www.state.gov/documents/organization/212239.pdf or https://pptform.state.gov . You may also contact the Department of State and have the form mailed to you (although this takes the longest). You can call the Department of State at 1-212-647-4000, or write to:
U.S. Department of State
2201 C Street NW
Washington, DC 20520.
IMPORTANT: Do not sign the form at home. You must sign it in front of a passport agent. If you fill out the form at home, wait until the agent asks you to sign it at the passport office.
You must provide 2 passport photos with your application. Passport photos must meet strict requirements, so be sure to have the photo taken by a professional who is familiar with these requirements (most pharmacies have photo centers where you can get passport photos taken). Do not attach your photos to the application form, but bring them with you.
You must pay $110 for your new passport, and $25 for processing (“execution fee”) — that’s $135 total. [227] You can pay using cash, check, credit card, or money order. [228] If paying by check, make it payable to “U.S. Department of State,” and make sure that your full name and birthdate are typed or printed on the front (use the “Memo” or “For” line). Ask the passport agent if you have any questions!
After you submit your passport application, it may take about 4-6 weeks to receive your U.S. passport in the mail. If you were age 16 or older when your U.S. passport was issued, it will be valid for 10 years . If you were age 15 or younger when your U.S. passport was issued, it will be valid for 5 years . [230] (Note: If possible, it’s best to renew your passport about 9 months before it expires. Some countries require that your passport be valid at least six months beyond the dates of your trip . Some airlines will not allow you to board if this requirement is not met.)
If you have Internet access, you can track the status of your passport application online: go to http://travel.state.gov/content/passports/english.html , and click “Check Your Application Status.”
You have a previously issued U.S. passport, and ALL of the following is true about it:
If your legal name hasn’t changed , you just need to provide your previously issued passport — nothing more.
If your legal name has changed , you need to provide two additional items: (1) your previously issued U.S. passport, and (2) official documents showing your legal name change, such as a certified copy of your marriage certificate or a court order.
NOTE: You need to submit the original documents. They will all be mailed back to you.
This form is available at any Passport Office, and may be available from some Passport Acceptance Facilities as well (see above on PG. 61 for how to locate these offices). The form is available online at: http://www.state.gov/documents/organization/212241.pdf , and a copy is available in Appendix K PG. 113.
You must provide 2 passport photos with your application. Passport photos must meet strict requirements, so be sure to have the photo taken by a professional who is familiar with these requirements (most pharmacies have photo centers where you can get these photos taken). Do not attach your photo to the application form.
The fee for a renewal passport is $110. There is no additional processing fee. [235] You must pay using a personal check or money order — not cash. If paying by check, make it payable to “U.S. Department of State,” and make sure your full name and birthdate are typed or printed on the front (use the “Memo” or “For” line). [236] Ask the passport agent if you have any questions.
Make sure you include ALL of the following:
Address the envelope to:
National Passport Processing Center
P.O. Box 90155
Philadelphia, PA 19190-0155
After you submit your application, it may take about 4-6 weeks to receive your U.S. passport in the mail. If you are age 16 or older when your U.S. passport is issued, it will be valid for 10 years . If you are age 15 or younger when your U.S. passport is issued, it will be valid for 5 years . [238] (Note: If possible, it’s best to renew your passport about 9 months before it expires. Some countries require that your passport be valid at least six months beyond the dates of your trip . Some airlines will not allow you to board if this requirement is not met.)
If you have Internet access, you can track the status of your passport application online: go to http://travel.state.gov/content/passports/english.html , and click “Check Your Application Status.”
Tribal identification (ID) cards are issued by tribes as proof of your enrollment and membership in the tribe.
A tribal ID card is a valid form of government-issued photo identification in many places (though those places are often unaware of this). For example, a tribal ID card is valid at federal buildings, airports, and banks. It is also proof of eligibility for certain services such as the federal Indian Health Service; it allows you to opt out of Covered California (meaning, you can get an exemption from the tax penalty under “Obamacare”); [239] and it can be used to prove your identification for the California LifeLine cell phone program (read more on PG. 495). [240]
A tribal ID card is not valid proof of identity for every purpose — for example, you cannot use it as ID for notary services in the state of California. [241]
The process may be slightly different for each tribe, and it depends on whether you are already enrolled with the tribe. PLEASE NOTE: Requests for tribal ID cards no longer go through the Bureau of Indian Affairs (BIA), whose California office is based in Sacramento, CA; these requests now go directly to the tribe to which you will be returning.
If neither you nor your parents enrolled with your tribe, the basic steps for getting a tribal ID card are as follows:
You will need to give the tribe as many details about your ancestry as possible — not just your parents’ information, but also information about your grandparents, great-grandparents, great-great grandparents, great-great-great grandparents, and so on. Include information about your family tree and history as far back as you can.
If you or your parents ARE enrolled with your tribe, the basic steps for getting a tribal ID card are as follows:
Note: The process for obtaining a tribal ID card is much easier if you or one of your parents is enrolled in the tribe.
It depends on the tribe and whether you are enrolled. If you are already enrolled with a tribe and trying to recover old identification (ID) documents, you can contact your tribe directly and ask if they have any of those documents on file. There is no guarantee, but it’s worth checking!
Although anyone can go to the public library, you need a library card to borrow books and other materials (to use them outside of the building). Also, some libraries require you to get a library card before you can use the computers or Internet there. Plus, a library card is FREE!
Benefits of a library card include:
Below are some basic steps. You might do them in a slightly different order, depending on your situation.
Your local public library will be listed in the yellow pages, or you can call 411 (“Information”) to get the address. You might also try asking at a local community center. A list of public libraries in California, listed by city with addresses and phone numbers, is available online at: http://www.publiclibraries.com/california.htm . A list of public libraries in California, listed in alphabetical order by library name, with web links, is available at: http://www.lib-web.org/united-states/public-libraries/california/ .
Ask a librarian for the form, fill it out, and turn it in. The librarian will check your ID and proof of address, process your application, and give you your new library card. The card and processing should be FREE.
Voting is a way to participate in choosing the laws and the decision-makers in your community. Voting can be a meaningful way to exercise your rights as a citizen, and an opportunity to express your political wishes for your city, county, state, and country.
Each state has the power to restrict or restore the voting rights of people with criminal records. [244] Because of recent advances in state law, very few people in California permanently lose their right to vote due to a criminal record. Continue reading to learn more!
Generally, to register to vote in the next election, you must be a U.S. citizen, a California resident, and at least age 18 years old by election day. But even if you meet those requirements, you may lose your right to vote depending on your custody or supervision status. See the next question.
Maybe. Recent changes in state law mean many people with records can vote in California! [245]
In California, you lose your right to vote if you are: 1) currently incarcerated in state or federal prison (or in county jail awaiting transfer to state prison), 2) actively on state parole, OR 3) currently involuntarily committed because a judge found you mentally ill. [246] You automatically regain your right to vote after any of those circumstances ends—after you are no longer in prison, off state parole, and/or no longer involuntarily committed.
Unless you fall into one of these three categories, you have the right to vote! That means if you are on probation, PRCS, mandatory supervision, or any form of federal supervision (supervised release, probation, or parole) in California, you can vote (so long as you meet the other voter requirements like age and citizenship). You can also see the chart on PG. 68 to understand how your criminal record and supervision status will affect your voting rights.
the chart below explains if you can vote in California based on your supervision and custody status. If you fall under more than one category, and THE ANSWER IS “no” FOR EITHER ONE, then you cannot vote.
|
People with State Convictions |
|
|
CUSTODY OR SUPERVISION STATUS |
CAN I VOTE? (Note: You must also be age 18 or older by the next election day, a U.S. citizen, and a California resident) |
|
Currently incarcerated in state prison |
NO |
|
On state parole |
NO |
|
On probation (informal or formal) |
YES |
|
On post-release community supervision (PRCS) |
YES |
|
On mandatory supervision |
YES |
|
Currently incarcerated in county jail |
IT DEPENDS – Because jail time is a condition of your probation: YES Because you were sentenced to serve time in jail: YES Because of a felony “split sentence” that combines jail and probation time on Mandatory Supervision: YES Because of an “AB 109” felony conviction with PRCS supervision to follow: YES Because of a parole violation: NO Because you have been convicted and sentenced of a felony and are waiting to be transferred to federal or state prison: NO |
|
Pending felony charge(s) (meaning you are charged, but not yet convicted) |
YES |
|
People with Federal Convictions |
|
|
CUSTODY OR SUPERVISION STATUS |
CAN I VOTE? (Note: You must also be age 18 or older by the next election day, a U.S. citizen, and a California resident) |
|
Currently incarcerated in federal prison |
NO |
|
On federal probation |
YES |
|
On federal supervised release |
YES |
|
On federal parole (applies to very few people) |
YES |
You automatically regain your right to vote after you our no longer in prison and get off state parole (and for those who were involuntarily committed due to mental illness, after you are no longer involuntarily committed). All you have to do is register (or re-register) to vote before the next election (learn how on PG. 69). [247]
If you are unaware or unsure of your supervision status, talk to your supervising officer or your public defender/defense attorney and ask what type it is. Tell them you are trying to determine if you can vote. Feel free to bring this chart with you.
It depends. If you ACCIDENTALLY voted in an election when you weren’t legally allowed to, you will probably not be in trouble with the law. Voter fraud requires “specific intent.” [248] This means that when you voted, you knew that you were illegally voting, and voted with the purpose of breaking the law. If you PURPOSEFULLY voted in an election when you had no legal right to do so, you could be found guilty of voter fraud. [249] The punishment can be up to five years in prison and a $10,000 fine. That said, voter fraud is usually only prosecuted when large numbers of people have committed the crime in a way that affects an election’s outcome. [250]
Although a prison ID isn’t explicitly listed as acceptable ID, the law does allow a “document issued by a government agency” to prove who you are. (Cal. Code Regs. tit. 2, § 20107(d)(2)(E).) Your prison ID was issued by a government agency (either CDCR or the Bureau of Prisons), so it should be accepted as ID. However, since volunteers who work at polling stations on election day are not legal experts, you might have difficulties getting your prison ID accepted and may need to speak with a few different people. Remember: you won’t need your prison ID card at all if you provided a SSN, driver license number, or state ID number when you registered.
The deadline to register is 15 days before the next local, state, or federal election. You must submit the voter registration application form before midnight on the deadline.
Yes. However, if you register to vote without a driver license number, state ID number, or Social Security Number, then when you later go to vote in person, you might have to show documents with your name and address. Examples of documents you could show at the voting poll are a: military ID, student ID, prison ID, utility bill, and/or public benefits check. [252]
You only have to show these documents at the voting poll if ALL of the following is true:
Yes. You don’t need a home address to register. Using the map on the bottom of the voter registration form, you can identify two cross-streets where you usually stay. If you are registering online, you can check the box that says, “I do not have a street address” in the address section. [254]
Probably. You need to re-register if any one of the following is true:
To register to vote, you need to fill out a voter registration form and submit it to your county elections office (learn how to find your county elections office directly above). You can do this by (1) filling out an online form (if you have access to a computer that’s connected to Internet and a printer) or (2) filling out a paper form. [258] Both methods are completely acceptable, so do what is best and easiest for you! Read on for details.
IMPORTANT: If you want to vote in the next election, you must register at least 15 days before that election. Once you’re registered, you can vote in all state and local elections. [259]
Choose this option only if you have access to a computer that’s connected to the Internet and a printer.
Visit http://registertovote.ca.gov/ . [260] Click “Register to Vote Now,” and the online form will open.
Click through the pages and enter your information in the boxes. Be sure to answer all questions that are marked by a star (*). NOTE: The form asks for your California driver license or state ID number, birthdate, and the last 4 digits of your Social Security Number (SSN). Enter this if you can, but know that you may still be able to vote even if some information is missing. Your county elections official may assign you a special number to vote. [261]
What happens next depends on whether you have a signature on file with the DMV.
Your county elections office will contact you if it approves your voter registration, or if it needs more information to confirm that you can vote. [262]
California Secretary of State's Office, Elections Division
1500 11th Street, 5th Floor; Sacramento, CA 95814
Phone: (916) 657-2166
Email: elections@sos.ca.gov
Fill in as much information as possible. Note that the form asks for your California driver license or state ID number, birthdate, and last 4 digits of your Social Secutiy Number. Enter everything you can. You may still be able to vote even if some information is missing . Your county elections official may assign you a special voter ID number. [265] When you go to vote on election day, you may have to show documents with your name and address such as a military or student ID, a utility bill, or a public benefits check.
The voter registration form asks: “Have you ever been convicted of a felony?” By law, you must this question truthfully. [267] Even if you have fully served your sentence and your voting rights have been restored, you must check the “yes” box. If you lie, you could be found guilty of perjury.
In California, you can vote in two ways: (1) by mail ballot, or (2) in person at your polling place.
Voting by Mail — Once you are registered to vote at your current home address, contact your county elections office to request a vote-by-mail ballot application form (see PG. 70 to learn how to find the nearest county elections office). [268] Once you get this form in the mail, complete and return it to the county elections office at least 7 days before the election.
Voting in Person — Once you are registered, you will receive a sample ballot in the mail (you do not have to fill it out; it is intended to help you prepare for election day). Your voting location (called a “polling place”) is listed on this ballot. You can also call your county elections office to ask about your voting location. [269] On election day, go to this location to vote. California polls are open 7 a.m. to 8 p.m.
The General Election is on the first Tuesday of November. [270]
Yes. If you don’t have enough time outside of work to vote, you have to right to take time off from work to vote — up to 2 hours, which must be paid time off. You need to tell your employer at least 2 working days in advance, and you can only take the time off at the start or end of your workday, unless you have made a different agreement with your boss. [271] If you are a part-time or temporary employee , then these rules still apply to you so long as you are hire to work for more than 52 hours over the course of 90 days. [272] If you are an independent contractor , you are not considered an employee by law, so these rules do NOT apply to you — you do NOT have the right to paid time off to vote. [273] However, even if you aren’t entitled to paid time off, you are still entitled to take a reasonable time off to vote, because federal law prohibits interfering with citizens’ right to vote. [274]
Yes. Follow these two steps:
STEP 1: First, contact your county elections office to find out if your voting location (“polling place”) is accessible to you, given your disability.
STEP 2: Second, if your voting location isn’t accessible to you, curbside voting should be available. With curbside voting, you will be asked to get as close to the voting area as you can, and elections officials will bring you a sign-in sheet, ballot, and any other voting materials you need.
Maybe. Call your county elections office to find out in what languages your county has the ballot available. [275] If your county doesn’t have ballots in your native language, you can bring an interpreter with you to vote (but this person can’t be your employer or labor union officer). [276]
Yes. If you can’t mark a ballot because you can’t read, and/or because you have a disability, tell a poll worker when you get to your voting location (“polling place”).
The Selective Service System is a federal agency that keeps a list of all adult males in the U.S. In case of a military emergency, the federal government uses the Selective Service registration list to draft men for military service [279] — and to provide public service work assignments for men who are morally opposed to military service. [280] If you’re a male between ages 18 and 25 and you live in the United States, and you don’t fall under one of the legal exceptions, you must register with the Selective Service before you turn 26 . [281] To learn about the legal exceptions to registration, see the question below: “WHO IS NOT REQUIRED TO REGISTER…?”.
If you do not register in time, there could be negative consequences. Failing to register is a federal felony punishable by a fine of up to $250,000 or a prison term of five years. You can also be denied certain government benefits — such as student financial aid, citizenship, federal job training, or federal jobs. [282] Read on for more information.
Selective Service registration is required for nearly ALL men ages 18 to 25 (before their 26th birthday) who live in the United States. There are a few exceptions, listed in the next question. [283]
You are NOT required to register with the Selective Service if you fall into a category below: [284]
(1) Certain people who are confined:
(2) Certain people who have disabilities:
(3) Certain non-citizens:
(4) Certain military members:
(5) Certain people who have had sex reassignment:
You must register within 30 days of your 18 th birthday. The Selective Service will accept your late registration through age 25 (up until the last day before you turn 26, but not after ). [286]
You can register in 3 ways, and all are equally acceptable. You can register (1) online, (2) by filling out a paper registration form and mailing it to the Selective Service System, OR (3) by checking the “Register Me” option on the Federal Student Financial Aid Application (called the “FAFSA”).
No. If you have a SSN, you must provide it when registering; but if you don’t have one, it’s not required.
(1) Registering online:
If you have access to a computer with Internet access, this is the fastest and easiest way to register. (Most public libraries have free computer access; see PG. 66 for more information on public library access.)
(2) Registering by mail:
You can find the Selective Service registration form at any U.S. post office and at many high schools. If you want to find it online and print it out to send in by mail, you can go to https://www.sss.gov/PDFs/Regform_copyINT.pdf . [287] Fill out the form and mail it to: Selective Service System, P.O. Box 94638, Palatine, IL 60094-4638.
(3) Registering through FAFSA (Free Application for Federal Student Aid):
If you are a student applying for federal student financial aid using the FAFSA, you can register simply by checking “Register Me” on Box #22 of that application form. The U.S. Department of Education will send your information to the Selective Service, and you are done!
Contact the Selective Service to request your number and get new proof of registration. Be ready to provide your name, birthdate, Social Security Number, AND current mailing address. TO CONTACT:
If you are age 26 or older, failed to register with the Selective Service, and don’t fall into any of the legal exceptions to the registration requirement — then, by law, you could face a fine of up to $250,000 and/or a prison term of up to 5 years. [290] Even if you don’t face charges, you may be disqualified from certain government programs and benefits — including federal student financial aid, naturalized citizenship, federal job training, and federal jobs . [291] In California, failure to register with the Selective Service also means you can’t get STATE-funded student financial aid . [292] In some cases, if you can prove that your failure to register was unintentional , you might still be eligible for certain government benefits and programs. See the next question and the chart on PG. 74 to learn more.
It depends on 2 factors — (1) whether you had good reason for not registering, and (2) what program or benefit you are applying for.
|
HOW FAILURE TO REGISTER WITH THE SELECTIVE SERVICE
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|
|
YOUR REASON FOR NOT REGISTERING |
IMPACT ON YOUR ABILITY TO GET PUBLIC BENEFITS |
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. . . You were incarcerated between the ages of 18 and 26. |
You may be able to prove that you should qualify for the benefits or programs you are trying to get. To do this, you must fill out a form requesting a “Status Information Letter” from the Selective Service System. (See Appendix L, PG. 120.) You will have to list the dates during which you were incarcerated, and attach any documents that show when and where you were incarcerated. If you can prove that you were incarcerated during the relevant time, the Selective Service System will send you an official letter stating that you were not required to register . If you show this letter to the benefit-issuing agency to which you are applying, it can’t legally deny you benefits because of your Selective Service status. |
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. . . You didn’t know about the registration requirement, OR mistakenly believed it didn’t apply to youOR. . . You thought you were already registered, but the Selective Service has no record of your registration |
You may still be eligible for government benefits if you can prove to the benefit-issuing agency that you did not “ knowingly or willfully ” fail to register. [293] The agency handling your case — NOT the Selective Service System — is in charge of deciding whether you have provided enough proof. [294] You must send the benefit-issuing agency certain documents as proof.
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You can request a Status Information Letter from the Selective Service by (1) calling, OR (2) sending a written request. If you want to show that you were incarcerated, institutionalized, and/or hospitalized between the ages of 18 and 25, be prepared to describe ALL the circumstances that prevented you from registering during that time, and have copies of documents showing all the dates you were confined. [298]
If you are requesting a Status Information Letter because you failed to register for other reasons, you must summarize these reasons on the request form. Note: You do not have to send a separate “explanation letter” to the Selective Service System — that’s only for the agency that denied you the benefits.
TO REQUEST:
It’s true. If you failed to register with the Selective Service between the ages of 18 and 25 ( before your 26th birthday), you are not eligible for state or federal financial aid — unless you fall into an exception, or you had a really good reason for not registering, such as being incarcerated during the relevant time period.
However, even if you weren’t incarcerated and don’t have a good reason for not registering, you still may be able to get student financial aid, if you can prove that your failure to register was unintentional . In other words, you have to prove that even though you knew you were supposed to register, you weren’t avoiding it on purpose. [299]
To prove this, you will have to request a Status Information Letter from the Selective Service System (See Appendix L, on PG. 120), then send that letter to the relevant department at your school, along with a letter explaining why you didn’t register. Generally, an employee of your school will be the one who decides whether you have provided enough proof to qualify for financial aid. [300] Learn more about this topic in the EDUCATION CHAPTER, beginning on PG. 823.
The school employee in charge of your case is required to consider ALL information related to your situation — not just the Letter from the Selective Serve System says happened — so provide as much detail as possible to make your case stronger. This may include information about where you were living between the ages of 18 and 25, whether you thought you were already registered, and/or why you weren’t aware of the registration requirement. [301]
If you are in reentry, you have quickly realized how important these various forms of identification (“ID”), key documents, and civic building blocks are to rebuilding your life, your identity, and your sense of self. To review, the BUILDING BLOCKS OF REENTRY: ID & VOTING CHAPTER covered the following topics:
We hope this chapter has empowered you to gather the important documents and ID you need to start over strong — and to understand the different steps and issues that might come up, so you can plan ahead.
Another important set of documents — not covered in this chapter — are copies of your criminal record. It is important to know what could show up from your criminal record as you apply for public benefits, programs, housing, and jobs; how to spot and fix errors; and how to get help with making your record less visible and less powerful by “cleaning” it up. Criminal record issues are so important in reentry that we have dedicated an entire chapter of this guide just to these issues. Go to the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, beginning on PG. 915, to learn more.
Congratulations on all you have accomplished! If you require further assistance, feel free to call Root & Rebound’s weekly Reentry Legal Hotline at 510-279-3662, any Friday from 9 a.m. – 5 p.m. PST (except holiday closures), and our legal team will do its best to provide you with information about reentry and you rights with a record. You can also email questions to Root & Rebound at roadmap@rootandrebound.org , or write a confidential, legal letter to: Root & Rebound, 1730 Franklin Street, Suite 300, Oakland, CA 94612.
See next page.
For people born outside of California in the U.S., this Appendix provides a chart that contact information for the Vital Statistics Office (also called Vital Records Office) in each state. However, because these addresses and phone numbers are subject to change, you should check with the CDC for the most up-to-date information. You can:
Centers for Disease Control and Prevention1600 Clifton RoadAtlanta, GA 30329-4027
Once you locate the Vital Statistics Office in the state where you were born, let them know that you are trying to get an authorized certified copy of your birth certificate. Ask (1) what their procedures are; (2) what you need to send the Vital Statistics Office; and (3) the cost.
IMPORTANT NOTE IF YOU ONLY HAVE A PRISON/JAIL ID CARD: If the only identification (ID) that you currently have is a valid prison ID card, it may be enough in some states to request your birth certificate. First, call the state where you were born, follow the instructions to be connected to an operator, and confirm what document you need to provide to get your certified birth certificate . If you only have a prison ID card, here are a few examples of what states will ask you to provide in addition to that card:
The point is, it’s best to call ahead and ask!
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CONTACT INFORMATION OF VITAL STATISTICS OFFICES IN EVERY STATE |
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STATE |
MAILINGADDRESS |
PHONE |
COST FOR A COPY OF BIRTH CERTIFICATE, AND WHO TO ADDRESS THE CHECK TO |
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Alabama |
Alabama Vital Records P.O. Box 5625 Montgomery, AL 36103-5625 |
(334) 206-5418 |
$15.00 (Additional copies $6.00 each, and to expedite a request is an additional $15.00) Check or money order should be made payable to “State Board of Health” |
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Alaska |
Dept. of Health and Social Services Bureau of Vital Statistics 5441 Commercial Blvd. Juneau, AK 99801 |
(907) 465-3391 |
$30.00 (Additional copies are $25.00 each) Personal check or money order should be made payable to “Bureau of Vital Statistics” SPECIAL NOTES: You must inclue a copy of government-issued picture ID with your application (e.g., Identification Card, Drivers License, a Prison/Jail ID Card, etc.) While copying/scanning picture ID, enlarge the copy and lighten the picture on the computer or printer as much as possible to be sure that it is clear and readable when sent to Alaska’s Bureau of Vital Statistics. REQUIRED: After copying your picture ID, you must sign the paper you submit along with the application itself. |
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American Samoa |
American Samoa Government Dept. of Homeland Security Office of Vital Statistics P.O. Box 6894 Pago Pago, AS 96799 |
(684) 633- 1405/1406. For Health Information Office, Health and Vital Statistics call (684) 633-4606/2262 |
$5.00 Money order should be made payable to “The Office of Vital Statistics/ASG.” Personal checks are not accepted. |
|
Arizona |
Office of Vital Records Arizona Dept. of Health Services P.O. Box 3887 Phoenix, AZ 85030-3887 |
(602) 364-1300 |
$20.00 Cashier’s checks and money orders must be for the exact amount and made payable to “Office of Vital Records” SPECIAL NOTES: Acceptable payment methods are cashier’s check, money order, Visa or MasterCard. If you pay by credit/debit card, you must include the full number and expiration date on your application. |
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Arkansas |
Arkansas Dept. of Health 4815 West Markham St. Little Rock, AR 72205 |
(501) 661-2336 |
$12.00 ($10.00 for each additional copy) Personal check or money order should be made payable to “Arkansas Dept. of Health” |
|
California |
CA Dept. of Public Health—Vital Records MS: 5103 P.O. Box 997410 Sacramento, CA 95899-7410 |
(916) 445-2684 |
$25.00 A personal check or money order should be made payable to “CDPH Vital Records” |
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Canal Zone |
Vital Records Section Passport Services U.S. Dept. of State 1111 19th St. NW, Suite 510 Washington, DC 20522-1705 |
(202) 955-0307 |
$30.00 (Additional copies of the same record requested at the same time are $20.00 each. Personal check or money order must be signed, dated and made payable to “U.S. Dept. of State” |
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Colorado |
Vital Records Section CO Dept. of Public Health and Environment 4300 Cherry Creek Drive South HSVRD-VS-A1 Denver, CO 80246-1530 |
(303) 692- 2200 |
$17.75 (Additional copies of the same birth record ordered at the same time are $10.00 each.) Personal check or money order should be made payable to “Vital Records Section” |
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Connecticut |
CT Dept. of Public Health 410 Capitol Ave., MS #11 VRS Hartford, CT 06134 |
(860) 509-7897 |
$30.00 Requests sent to the State Vital Records Office require a postal money order made payable to the “Treasurer, State of Connecticut” |
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Delaware |
Office of Vital Statistics Division of Public Health 417 Federal St. Dover, DE 19901 |
(302) 744-4549 |
$25.00 Personal check or money order should be made payable to “Office of Vital Statistics” |
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District of Colombia |
Vital Records Division 899 North Capitol St. NE, First Floor Washington, DC 20002 |
(202) 671- 5000 |
$23.0 Personal check or money order should be made payable to “DC Treasurer” |
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Florida |
Dept. of Health Bureau of Vital Statistics P.O. Box 210 1217 Pearl St. (Zip 32202) Jacksonville, FL 32231-0042 |
(904) 359-6900 |
$9.00 Personal check or money order should be made payable to “Bureau of Vital Statistics” |
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Georgia |
MAIL-IN REQUEST: State Vital Records Office 2600 Skyland Dr., NE Atlanta, GA 30319 IN-PERSON REQUEST: There are 159 counties in Georgia. You can go to the office in the county where you were born. If you aren’t sure, call the phone number listed to the right. |
(404) 679-4702 Call this phone number if you need the mailing address or telephone of a specific county’s Vital Records office in Georgia. |
$25.00 (Additional copies of the same record ordered at the same time are $5.00.) A certified check or money order should be made payable to “Vital Records Services” SPECIAL NOTES: All requests for vital records include the signature and photocopy picture ID of the requestor and the proper fee. |
|
Guam |
Office of Vital Statistics P.O. Box 2816 Hagatna, Guam 96932 |
(671) 735-7292 |
$5.00 Money order should be made payable to “Treasurer of Guam” |
|
Hawaii |
State Dept. of Health Office of Health Status Monitoring Issuance/Vital Statistics Section P.O. Box 3378 Honolulu, HI 96801 |
(808) 586-4533 |
$10.00 (Additional copies ordered at the same time are $4.00 each.) Cashiers check, certified check, or money order should be made payable to “State Dept. of Health” |
|
Idaho |
Vital Records Unit Bureau of Vital Records and Health Statistics P.O. Box 83720 Boise, ID 83720-0036 |
(208) 334- 5988 |
$13.00 Personal check or money order should be made payable to “Idaho Vital Records” |
|
Illinois |
Division of Vital Records Illinois Dept. of Public Health 925 E Ridgely Ave. Springfield, IL 62702 |
(217) 782-6553 |
$15.00 (Additional certifications of the same record ordered at the same time are $2.00 each.) Money orders, certified checks, or personal checks should be made payable to “Illinois Dept. of Public Health” |
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Indiana |
Vital Records Indiana State Dept. of Health P.O. Box 7125 Indianapolis, IN 46206-7125 |
(317) 233-2700 |
$10.00(Additional copies of the same birth record ordered at the same time are $4.00 each.) Personal check or money order should be made payable to “Indiana State Dept. of Health” |
|
Iowa |
Iowa Dept. of Public Health Bureau of Vital Records Lucas Office Building 1st Floor 321 East 12th St. Des Moines, IA 50319-0075 |
(515) 281-4944 |
$15.00 Personal check or money order should be made payable to “Iowa Dept. of Public Health” |
|
Kansas |
Office of Vital Statistics, Curtis State Office Building 1000 SW Jackson St., Suite 120 Topeka, Kansas 66612-2221 |
(785) 296-1400 |
$15.00(Additional copies of the same record ordered at the same time are $15.00 each.) Personal check or money order should be made payable to “Vital Statistics” |
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Kentucky |
Office of Vital Statistics Dept. for Public Health, Cabinet for Health and Family Services 275 East Main St. 1E-A Frankfort, KY 40621-0001 |
(502) 564- 4212 |
$10.00 Personal check or money order should be made payable to “Kentucky State Treasurer” |
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Louisiana |
Office of Public Health Vital Records Registry P.O. Box 60630 New Orleans, LA 70160 |
(504) 593-5100 Fax: (504) 568-8716 |
Louisiana (LA) Birth Certificate Types: Birth Long: (SUGGESTED, CERTIFIED) A certified birth certificate that can typically be used for travel, passport, proof of citizenship, social security, driver's license, school registration, personal identification and other legal purposes. Birth Certificates are available for events that occurred in the State of Louisiana within the last 100 years. First Long Copy: $15.00; Additional Copies: $15.00 Birth Short—Card: The Birth Short—Card is a wallet size version of the Birth Certificate that can be used for INFORMATIONAL PURPOSES ONLY. THIS CANNOT BE USED TO OBTAIN A PASSPORT, DRIVER'S LICENSE OR TRAVEL. First Copy: $9.00; Additional Copies: $9.00 Checks made payable to “Louisiana Vital Records” SPECIAL NOTES: Walk-in services only accept cash, check, or money order payment (no credit/debit cards). |
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Maine |
Maine Center for Disease Control and Prevention 11 State House Station 220 Capitol St. Augusta, Maine 04333-0011 |
(207) 287-3181, or toll-free at 1-888-664-949 |
Certified $15.00. Non-Certified $10.00. (Additional copies of same record ordered at same time are $6.00 each.) Personal check or money order should be made payable to “Treasurer, State of Maine” |
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Maryland |
Division of Vital Records Dept. of Health and Mental Hygiene 6550 Reisterstown Road P.O. Box 68760 Baltimore, MD 21215-0036 |
(410) 260-6400 |
$24.00 Personal check or money order should be made payable to “Division of Vital Records” |
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Massachusetts |
Registry of Vital Records and Statistics 150 Mount Vernon St., 1st Floor Dorchester, MA 02125-3105 |
If your birth certificate is from the year 1920 or earlier , CALL (617) 727-2816 If your birth certificate is from the year 1921 or later , CALL (617) 740-2600 |
$20.00 (In-person Request) $32.00 (Mail-In request) Additional $3.00 for Birth Certificated from year 1920 or earlier Personal check or money order should be made payable to “Commonwealth of Massachusetts” SPECIAL NOTES: State office has no records previous to 1921. For earlier records, write to The Massachusetts Archives at Columbia Point, 220 Morrissey Blvd., Boston, MA 02125 (617) 727-2816. |
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Michigan |
Vital Records Request P.O. Box 30721 Lansing, MI 48909 |
To request an application, call the recorded message at (517) 335-8656 to leave your name and mailing address with type of application needed. To speak to a customer service representative call (517)- 335-8666 and press option #4 |
$34.00 (Only $14.00 for Senior Citizens age 65+ if requesting their own birth record.) Rush fee additional $12.00. Additional copies of any record ordered at the same time are $16.00 each.) Personal check or money order should be made payable to “State of Michigan” |
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Minnesota |
Minnesota Dept. of Health Central Cashiering – Vital Records P.O. Box 64499 St. Paul, MN 55164 |
(651) 201-5970 |
$26.00 (Additional copies of the birth record when ordered at the same time are $19.00.) Personal check or money order should be made payable to Minnesota Dept. of Health. |
|
Mississippi |
Mississippi Vital Records State Dept. of Health P.O. Box 1700 Jackson, MS 39215-1700 |
To verify current fees, the telephone number is (601) 576-7981. A recorded message may be reached on (601) 576-7450 |
$15.00 (Additional copies of same record ordered at the same time are $5.00 each.) Personal check, bank or postal money order or bank cashier’s check are accepted and should be made payable to “Mississippi State Dept. of Health” |
|
Missouri |
Missouri Dept. of Health and Senior Services Bureau of Vital Records 930 Wildwood P.O. Box 570 Jefferson City, MO 65102-0570 |
(573) 751-6387 |
$15.00(Copies of these records are $15.00 each) Personal check or money order should be made payable to “Missouri Dept. of Health and Senior Services” SPECIAL NOTES: Please include a legal size self- addressed stamped envelope. |
|
Montana |
Office of Vital Statistics, MT Dept. of Public Health and Human Services 111 N Sanders, Rm. 6 P.O. Box 4210 Helena, MT 59604 |
(406) 444- 2685 |
$12.00 (Additional copies of the same record requested at the same time are $5.00.) Personal check or money order should be made payable to “Montana Vital Records” |
|
Nebraska |
Nebraska Vital Records P.O. Box 95065 Lincoln, NE 68509-5065 |
(402) 471- 2871 |
$17.00 Personal check or money order should be made payable to “Nebraska Vital Records” |
|
Nevada |
Office of Vital Records 4150 Technology Way, Suite 104 Carson City, NV 89706 |
(775) 684- 4242 |
$20.00 Personal check or money order should be made payable to “Office of Vital Records” |
|
New Hampshire |
Division of Vital Records Administration— Archives Building 71 South Fruit St. Concord, NH 03301-2410 |
(603) 271-4651 |
$15.00 Personal check or money should be made payable to “Treasurer, State of New Hampshire” |
|
New Jersey |
New Jersey Dept. of Health Office of Vital Statistics and Registry P.O. Box 370 Trenton, NJ 08625-0370 |
TOLL FREE (866) 649-8726 (OR visit online at http://www.state.nj.us/health/vital for up-to-date information on ordering) |
$25.00 (Additional copies of the same record ordered at the same time are $2.00 each.) SPECIAL NOTES: For information on Express Mail or In persons order visit http://www.state.nj.us/health/vital/contact.shtml |
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New Mexico |
NM Vital Records P.O. Box 25767 Albuquerque, NM 87125 |
TOLL FREE (866) 534-0051 |
$10.00 Personal check or money order should be made payable to “NM Vital Records” |
|
New York |
Certification Unit Vital Records Section, 2nd Floor 800 North Pearl St. Menands, NY 12204 |
1-855-322-1022 |
$30.00 Personal check or money order should be made payable to “New York State Dept. of Health” |
|
New York City |
NYC Health Department Office of Vital Records 125 Worth St., CN4, Rm. 133 New York, NY 10013 |
(212) 639-9675 |
$15.00 (Additional Copies $15.00) SPECIAL NOTES: The office has birth records for people who were born and/or died in the five boroughs of New York City: Brooklyn, the Bronx, Manhattan, Queens, or Staten Island. Birth records issued before 1910 and death records issued before 1949 must be ordered through the Municipal Archives. For more information please visit: http://www.nyc.gov/html/doh/html/services/vr-order-other.shtml or write to Dept. of Records and Information Services, 31 Chambers St., New York, NY 10007. |
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North Carolina |
NC Vital Records 1903 Mail Service Center Raleigh, NC 27699-1903 |
(919) 733- 3000 |
$24.00 Business or certified check or money order should be made payable to “NC Vital Records” |
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North Dakota |
ND Dept. of Health Division of Vital Records 600 East Blvd. Ave., Dept. 301 Bismarck, ND 58505-0200 |
(701) 328- 2360 |
$7.00(Additional copies of birth records are $4.00) Personal check or money order should be made payable to “ND Dept. of Health” |
|
North Mariana Islands |
Commonwealth Healthcare Corporation Vital Statistics Office P.O. Box 500409 Saipan, MP 96950 |
(670) 236-8717 or (670) 236-8702 |
$20.00 Money order or bank cashiers check should be made payable to “Commonwealth Healthcare Corporation” |
|
Ohio |
Vital Statistics Ohio Dept. of Health P.O. Box 15098 Columbus, OH 43215-0098 |
(614) 466- 2531 |
$21.50 Personal check or money order should be made payable to “Treasury, State of Ohio” |
|
Oklahoma |
Vital Records Service Oklahoma State Dept. of Health P.O. Box 53551 Oklahoma City, OK 73152 |
(405) 271-4040 |
$15.00(Additional Copies $ 15.00 each) Personal check or money order should be made payable to “OSDH” |
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Oregon |
Oregon Vital Records P.O. Box 14050 Portland, OR 97293-0050 |
(971) 673-1190 |
$20.00(Additional copies of the same record ordered at the same time are $15.00 each.) Personal check or money order should be made payable to “OHA/Vital Records” |
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Pennsylvania |
Division of Vital Records ATTN: Birth Unit 101 South Mercer St., Room 401 P.O. Box 1528 New Castle, PA 16103 |
(724) 656-3100 |
$20.00 Personal check or money order should be made payable to “Vital Records” |
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Puerto Rico |
Dept. of Health Demographic Registry P.O. Box 11854 Fernández Juncos Station San Juan, PR 00910 |
(787) 765-2929 Ext. 6131 |
$5.00 ($4.00 each additional copy requested on the same application. Registrants over 60 years of age and Veterans of the United States Armed Forces can obtain copies of their birth records free of charge.) Payment method via money orders, which should be made payable to the “Secretary of Treasury” SPECIAL NOTES: Maximum three (3) copies per registrant per year. Beneficiaries of a Veteran of the United States Armed Forces can obtain copies of their death records free of charge (widow or children under 21 years of age). |
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Rhode Island |
RI Dept. of Health Office of Vital Records, Room 101 3 Capitol Hill Providence, RI 02908-5097 |
To verify current fees after office hours, the telephone number is (401) 222-2811. To verify current fees and general information during office hours, please call the Health Hot Line at (401) 222-5960 |
$20.00(Additional copies of the same record ordered at the same time are $15.00 each.) Personal check or money order should be made payable to “Rhode Island General Treasurer” |
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South Carolina |
Office of Vital Records, SCDHEC 2600 Bull St. Columbia, SC 29201 |
(803) 898-3630 |
$12.00(Additional copies of the same birth records ordered at the same time of certification are $3.00 each.) Acceptable method of payment is a money order or cashiers check made payable to “SCDHEC- Vital Records.” |
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South Dakota |
Vital Records, State Dept. of Health 207 E Missouri Ave, Suite 1-A Pierre, SD 57501 |
(605) 773-4961 |
$15.00 Personal check or money order should be made payable to “South Dakota Dept. of Health.” |
|
Tennessee |
Tennessee Vital Records Central Services Building 4215th Ave. North Nashville, TN 37243 |
(615) 741- 1763 |
Long term- $15.00 Short term- $ 8.00 (Additional copies of the same birth, marriage, or divorce record requested at the same time are $5.00 each.) Personal check or money order should be made payable to “Tennessee Vital Records” |
|
Texas |
Texas Vital Records Dept. of State Health Services P.O. Box 12040 Austin, TX 78711-2040 |
(512) 776- 7111 |
$22.00 (Additional copies of the birth record ordered at same time are $22.00 each. Mail-in requests must be made by personal check or money order made payable to DSHS. |
|
Utah |
Certification Unit Office of Vital Records P.O. Box 141012 Salt Lake City, UT 84114-1012 |
(801) 538-6105 |
$20.00 (Additional copies, when requested at the same time, are $8.00 each.) Personal check or money order should be made payable to “Vital Records” SPECIAL NOTES: ID is now required to purchase a Utah Birth Certificate. Mailed request must include an enlarged and easily identifiable photocopy of the front and back of your ID. If no proofs are enclosed, your application will be returned. |
|
Vermont |
VT Dept. of Health Vital Records Section P.O. Box 70 108 Cherry St. Burlington, VT 05402-0070 |
(802) 863-7275 |
$10.00. Personal check or money order should be made payable to “Vermont Dept. of Health” |
|
Virginia |
Division of Vital Records P.O. Box 1000 Richmond, VA 23218-1000 |
(804) 662-6200 |
$12.00 Personal check or money order should be made payable to “ State Health Department” SPECIAL NOTES: Must submit a photocopy of their ID. |
|
Virgin Islands |
Dept. of Health Vital Statistics, Charles Harwood Memorial Hospital St. Croix, VI 00820 |
(340) 774-9000 ext. 4685 or 4686 |
$15.00 (mail requests). $12.00 (in person). Money order for birth records should be made payable to “Department of Health” SPECIAL NOTES: Personal checks are not accepted |
|
Washington |
Center for Health Statistics Department of Health P.O. Box 9709 Olympia, WA 98504-7814 |
(360) 236- 4300 |
$20.00(For Expedited Delivery must add Express Mail, an additional $18.30) Personal check or money order should be made payable to “Department of Health” |
|
West Virginia |
Vital Registration Office, Room 165 350 Capitol St. Charleston, WV 25301-3701 |
(304) 558-2931 VitalChek Phone: (877) 448-3953 Fax: (866) 870-8723 |
$12.00(By Mail or In Person) $30.50 + shipping (By Phone, Internet, or Fax) (Non-Rush Fee Charged by VitalChek) $35.50 + shipping (Rush Fee Charged by VitalChek) SPECIAL NOTES: Can order in person, by mail, by phone, Internet or fax (Credit Card/ Debit Card Only). Personal check or money order should be made payable to “Vital Registration” |
|
Wisconsin |
WI Vital Records Office 1 West Wilson St. P.O. Box 309 Madison, WI 53701-0309 |
For 24/7 automated assistance, call (608) 266-1371. If you want to talk to a live person, call the service counter 8:00 A.M. to 4:15 P.M. (Central Time), Monday through Friday at (608) 266-1373 |
$20.00 (Additional copies of the same record ordered at the same time are $3.00 each.) Personal check or money order should be made payable to “State of Wisconsin Vital Records” SPECIAL NOTES: A stamped, self addressed business size (#10) envelope should be include with the request. A copy of valid photo ID and a signature is required of the applicant. |
|
Wyoming |
Vital Statistics Services Hathaway Building 2300 Capitol Avenue Cheyenne, WY 82002 |
(307) 777-7591 |
$13.00 Personal check or money order should be made payable to “Vital Statistics Services" SPECIAL NOTES: Please enclose a self-addressed, stamped envelope with the request. All personal checks are only accepted when: (1) the requestor is entitled to the record and the check in personalized and on the account of the person making the request; (2) third party or non-bank checks will not be processed. |
See next page.
See next page.
See next page.
See next page for DMV Form DL-932, which a service provider must request from the DMC to get the appropriate DMV fee waiver verification forms to distribute to the people they serve.
PLEASE NOTE: You cannot access Forms DL 933 or 937 directly, which are the fee waiver forms that get turned into the DMV, but instead you must ask a nonprofit, social services or legal services agency to give you Form DL 933 or 937 filled out by their staff to take to the DMV.
Western Union is the only payment option to pay your court-ordered debt (COD) to the California Franchise Tax Board (FTB) offers to expedite the release of your driver license. If you have any other referring court-ordered liabilities, they must also be paid. To expedite (speed up) the release of your license:
WESTERN UNION
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ARGENTINA: Matrícula Consular Argentina; Website: www.embassyofargentina.us/espanol/consuladosargentinoseneeuu/consuladosargentinoseneeuu.htm ; Embassy Phone Number: (202) 238-6401
BRAZIL: Matrícula de Cidadão Brasileiro; Website: www.brasilemb.org/consulado/consular_jurisdictions.shtml ; Embassy Phone Number: (202) 238-2828
COLOMBIA: Tarjeta de Registro Consular ; website: http://www.colombiaemb.org/opencms/opencms/consulates/consulates.html ; Embassy Phone Number: (202) 387-8338
GUATEMALA: Tarjeta de Identificación Consular; Website: http://www.guatemala-embassy.org/main.php?parent_id=7&id_area=109 ; Embassy Phone Number: (202) 745-4952
GUINEA: Website: http://www.guineaembassy.com ; Embassy Phone Number: (202) 986-4300
MALI: Carte d’Identité Consulaire; Website: http://www.maliembassy.us ; Embassy Phone Number: (202) 332-2249; Consulate General of Mali in NY: (212) 737-4150
MEXICO: Mexican Matrícula Consular de Alta Seguridad; To find your consulate, visit http://www.embassyofmexico.org or http://directorio.gob.mx and click on Relaciones Exteriores, Embajadas y Consulados, Consulados de México en el extranjero. Embassy Phone Number: (202) 728-1600
SENEGAL: Carte Consulaire; Website: http://www.senegalembassy-us.org/enOurReps.htm ; Embassy Phone Number: (202) 234-0540 or (202) 234-0541
DOMINICAN REPUBLIC: To find your local consulate, visit: http://www.domrep.org ; Embassy Phone Number: (202) 332-6280
ECUADOR: Website: http://www.ecuador.us/info/consulate.htm ; Embassy Phone Number: (202) 234-7200 ext. 224
EL SALVADOR: Website:
http://www.elsalvador.org/home.nsf/infoconsular
Embassy Phone Number: (202) 265-9671
HONDURAS: Website: http://www.hondurasemb.org ; Embassy Phone Number: (202) 737-2972
NIGERIA: Atlanta’s Nigeria Consulate Website : http://www.nigeria-consulate-atl.org ; Phone Number: (770) 394-6261. New York’s Consulate Website : http://www.nigeria-consulate-ny.org ; Phone Number (212) 850-2200; Embassy Phone Number: (202) 986-8400
PAKISTAN: Consulate General of Pakistan; Website: http://www.pakistanconsulateny.org ; Embassy Phone Number: (212) 879-5800
PERU: Documento Nacional de Identificación, Peruvian consulates do not offer consular ID cards. However, their national ID may be accepted as form of ID by some institutions or companies. Website: http://www.consuladoperu.com/archivos/ jurisdicciones.com ; Information Hotline: (800) 535-3953; Embassy Phone Number: (202) 833–9860/69
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Being under some type of correctional community supervision is usually required to be released from prison or jail, and can sometimes be offered by a criminal court judge in place of incarceration. In the PAROLE & PROBATION CHAPTER, you will learn that there are many types of supervision in California — state parole, county probation, mandatory supervision, PRCS, federal probation, federal supervised release, and federal parole. This chapter will help you understand what it means to be on community supervision, what rules you have to follow, and all the rights you have as a person in reentry.
DISCLAIMER – YOUR RESPONSIBILITY WHEN USING THIS GUIDE: When putting together the Roadmap to Reentry: A California Legal Guide , we did our best to give you useful and accurate information. However, the laws change frequently and are subject to differing interpretations. We do not always have the resources to make changes to this informational material every time the law changes. If you use information from the Roadmap to Reentry legal guide, it is your responsibility to make sure that the law has not changed and applies to your particular situation. If you are incarcerated, most of the materials you need should be available in your institution’s law library. The Roadmap to Reentry guide is not intending to give legal advice, but rather legal information. No attorney-client relationship is created by using any information in this guide. You should always consult your own attorney if you need legal advice specific to your situation.
PAROLE & PROBATION: TABLE OF CONTENTS
I. Introduction 138
What is community supervision? 138
Why is it important to know what type of supervision I am on, and the rules I must follow? 138
What are the main types of supervision in California? 138
What is the difference between the state and federal systems? 139
I’m not sure what type of supervision I am on. How do I find out? 140
Key Terms in the Parole & Probation Chapter 140
II. State parole 142
Basics of State Parole 142
What is California state parole? 142
I am incarcerated in a California state prison and preparing for release. Will I be required to serve a parole term after my release? 142
When is the Post-Release Community Supervision (PRCS) vs. Parole assessment done? 143
Before Release: Common Questions on Preparing for Board of Parole Hearings, SB 260 and SB 261, and Proposition 57 143
Preparing for Parole Consideration Hearings before the Board of Parole Hearings (BPH) 143
Who has to go before the Board of Parole Hearings to be released from California state prison? 143
Who can help me prepare for the Board of Parole hearings? 143
SB 260 and SB 261 144
What are SB 260 and SB 261? 144
How can SB 260 and 261 help me? 144
Proposition 57 (“Prop. 57”) 144
What is Prop. 57? 144
How can Prop. 57 help me? 144
After Release: What to Expect in Your First Days Out on State Parole 144
What are some of my responsibilities when I first get out of state prison under state parole supervision? 144
What county will I be paroled to, and who decides? 146
Do I get any financial assistance from parole when I first get out? 146
Length of State Parole 148
How do I know the length of my parole? 148
If I am on state parole, what law sets the length of my parole? 148
What can I do if I think my parole term has been miscalculated? 150
Getting Off State Parole 150
Can I get off state parole early? 150
What should happen when I reach my presumptive discharge date (PDD)? 150
What are my rights during the presumptive discharge Date (PDD) review process? 151
Do I have a right to appear at the discharge review hearing before the Board of Parole Hearings (BPH)? 151
On what basis can the BPH decide to keep me on parole past my PDD instead of letting me off early? 151
What happens if the BPH decides to continue my parole? 151
Can I appeal the BPH’s decision to keep me on parole past my PDD? 151
What happens if I don’t get notice of a BPH decision within 30 days after my PDD? 152
Conditions of State Parole 152
General Conditions for Every Person on State Parole 152
All people on Parole: Little Protection Against Searches & Seizures 153
What are my rights to privacy of person, residence, or property while on parole? 153
Are there any other limitations on parole searches? 154
What if a parole or law enforcement officer conducts a search that I believe is unlawful? What action can I take? 154
Additional Laws That Apply to All People on State Parole 155
What other laws & restrictions apply to all people on state parole? 155
Special Conditions of State Parole: Conditions that apply ONLY to certain People on parole 156
Who sets special parole conditions, and how do they decide? 156
What is my parole plan? 156
What are common examples of special parole conditions? 157
When will I find out the conditions of my parole, including any special conditions that apply to me? 157
What makes a special condition of parole unlawful or invalid? 158
Special Conditions of State Parole and Other Laws that Apply to Sex Offenders (“290 Registrants”) 159
Who has to register as a sex offender? 159
When should I learn about my duty to register as a sex offender? 160
Do I have to register in California if I live in a different state but sometimes go to work or school in California? 160
Do I have to register in California if I move out of state? 160
I have to register as a sex offender in California. How and when do I register? 160
Do I have to disclose all my Internet accounts and email addresses? 162
For how long do I have to register as a sex offender? 163
How much time do I have to register with the city police after I am released from prison or jail, or placed on parole or probation? 163
I am a 290 registrant attending classes or employed at a college. Do I have to register with the school? 163
What happens if I fail to register as a sex offender? 163
What happens if my failure to register was by accident or I just forgot to register? 164
I am a noncitizen convicted of a sex offense that requires me to register. Will I face immigration consequences in addition to my time sentenced to jail or prison? 164
I am a 290 registrant. Do I have to wear a GPS tracker? For how long? 164
When and where do I get my GPS tracker? 165
Do I have to pay for my GPS tracker? 165
What happens if I don’t wear or disable my GPS tracker? 165
Residency, Movement & Employment Restrictions 165
I am a 290 registrant. Are there restrictions on where I can live? 165
I am a 290 registrant. Are there certain places I’m not allowed to go? 166
I am a 290 registrant. Are there places I’m not allowed to work? 167
I am a 290 registrant. Can the government release information about me to the public? 167
I think I am being discriminated against or targeted because of public information about my sex offense. Is this legal? 167
Can I get my information removed from the Megan’s Law website? 167
I am a 290 registrant, and I am on state parole. What other special conditions of parole could apply to me? 168
What happens if I don’t comply with one of these conditions? 168
I think my parole conditions are unfair or illegal. What can I do? 168
How do I challenge my 290 sex offender registration requirement, residency restrictions, or other conditions of parole? 169
Special Conditions of Parole for Mentally Disordered Offenders (MDO) 171
What does it mean to be a “mentally disordered offender” (MDO) — and what mandatory special conditions apply to MDOs on parole? 171
Who decides whether I’m a MDO? When does this happen? 171
I think I’ve been wrongly classified as a MDO. What can I do? 171
I have been found to be a MDO. Can I ask to be treated as an outpatient? 171
Once I have been found to be a MDO, when and how often will my MDO status be reviewed? 172
Can the Department of State Hospitals (DSH) hold me beyond my Maximum Discharge Date (MDD)? 172
How to Challenge State Parole Conditions 173
How can I challenge a parole condition that I believe is unlawful? 173
What is the legal test for finding special conditions of parole unlawful? 174
What timelines must I follow in submitting an administrative appeal? 175
When and how do I file an appeal of an involuntary psychiatric transfer? 175
When and how do I file an emergency appeal? 175
What timelines must CDCR/Parole follow in responding to my 602 appeal? 175
What can I do is CDCR/Parole is violating the legal time limits for responding to my 602 administrative appeal? 176
Can my administrative appeal be rejected? 176
Can my appeal be cancelled? 177
What does it mean to “abuse” the 602 administrative appeal process? 177
I filed a 602 administrative appeal and completed all levels of the process, or never heard back. Can I now take my appeal to court? 177
How can I challenge a parole condition that I cannot follow because of a disability I have? 178
Transfer Locations on State Parole 179
I want to transfer my parole to another county in California. How can I do that? 179
I am on state parole, and I want to transfer to another state. When and how can I do that? 180
Your Rights as a Parolee with a Disability 180
I have a disability. do I have the right to get accommodations for my disability while I am on parole? 180
How will my parole agent know about my disability and my related special needs? 180
In general, what accommodations must Parole make for people with disabilities? 180
Parole is not accommodating my disability, and I am not getting fair treatment or equal access to Parole services or programs. What can I do? 181
During a parole revocation hearing, do I have rights to accommodations for my disability? 181
State Parole Violations & Revocations 182
How did Realignment Change the way parole revocation hearings work (as of July 1, 2013)? 182
If I am suspected of a parole violation, who has authority to arrest me? Do they need a warrant? 183
What happens if I am arrested for an alleged parole violation? 183
Where can I find the legal rules that apply to parole revocation hearings? 184
Who represents the CDCR’s parole department in the hearing? 184
Who represents me if I cannot afford an attorney? 184
What is the legal standard for finding me guilty of a parole violation? 184
If I go to jail on a parole violation, am I entitled to bail? 184
What rights do I have during a parole revocation hearing? 184
When can witnesses be excused from appearing at my parole revocation hearing? 185
What happens if an important state witness doesn’t show up to my parole revocation hearing? 186
At my parole revocation hearing, Can the district attorney bring evidence that was found in an unlawful search or seizure? 186
If the judge revokes my parole and orders me back into custody, where will I serve and for how long? 186
What rights do I have if I am a person with a disability going through parole revocation proceedings? 187
How do I challenge (appeal) a parole revocation decision or action made by the county superior court? 187
What types of issues could I bring up in a challenge to parole revocation proceedings, decisions, or actions? 187
What is the process for appealing a decison made by CDCR? 188
III. COUNTY-Level Community Supervision: PROBATION, PRCS, and Mandatory Supervision 189
What is county probation? 189
How did California’s “Realignment” law change California’s county-run probation System? 189
What types of supervision now fall under the control of county probation after realignment? 190
Informal Probation (a.k.a. Summary Probation or Court Probation) 190
Basics of Informal Probation 190
What is Informal probation (A.K.A. summary probation or court probation)? 190
Who will monitor me under Informal Probation? 190
After Release: What to Expect in Your First Days Out on Informal Probation 191
What are some good first steps to take when I am first placed on informal probation? 191
Length of Informal Probation 191
How long is informal probation? 191
Getting Off Informal Probation 191
Can I get off informal probation early? 191
Conditions of Informal Probation 191
I am on informal probation. What conditions will the court impose on me? 191
I am on informal probation. will I have to report to a probation officer? 192
What will the judge look for if I have to go to court for “progress reports?” 192
How do I change a condition of my informal probation? 192
Transferring Locations on Informal Probation 193
How do I transfer my informal probation to a different county? 193
How do I transfer my informal probation to a different state? 194
Violations & Revocations on Informal Probation 194
What are the rules for violations & revocations of informal probation? 194
Formal Probation 194
Basics of Formal Probation 194
What is formal probation? 194
Who will monitor me on formal probation? 194
After Release: What to Expect in Your First Days Out on Formal Probation 194
What are some of my responsibilities when I first get released onto formal probation? 194
Length of Formal Probation 195
How long will I be on formal probation? 195
Can I get off formal probation early? 195
Conditions of Formal Probation 195
What are common conditions of formal probation? 195
How do I change a condition of my formal probation? 196
Transferring Locations on Formal Probation 196
I want to transfer my formal probation to another county. can I do that? 196
I am on formal probation and want to transfer to another county. How can I do that? 196
I am on formal probation and want to transfer to another state. How can I do that? 196
Violations & Revocations of Formal Probation 196
What are the rules for violations & revocations of formal probation? 196
Post-Release Community Supervision (PRCS) 196
Basics of PRCS 197
What is Post-Release Community Supervision (PRCS)? 197
Who will be released from state prison to county supervision on PRCS? 197
Who will not be released from state prison to county supervision on PRCS? 197
When is the PRCS vs. Parole assessment done? 197
After Release: What to Expect in Your First Days Out on PRCS 197
What must I do when I first get out on PRCS? 197
Where will I be released to on PRCS? 198
Can I request that CDCR send me to PRCS in a different county than where they want to send me? 198
Length of PRCS 198
How long does PRCS supervision last? 198
Can I get off PRCS early? 198
Conditions of PRCS 198
What conditions must I follow if I am on PRCS? 198
Is there a document where I can find all my PRCS conditions? 198
Can I challenge a PRCS condition? 199
How do I challenge a PRCS condition? 199
What could happen if I do not follow the conditions of my PRCS? 199
Transferring Locations on PRCS 200
How do I transfer my PRCS to another county in California? 200
How do I transfer my PRCS to another state? 200
Violations & Revocations of PRCS 201
If the probation department pursues the case in court, do I have the right to a hearing for a PRCS violation petition? 201
Do I have the right to a free attorney if I can’t afford one at a PRCS violation hearing? 201
If the judge finds that I have violated the terms or conditions of my PRCS, what are possible punishments? 201
How can I challenge a court decision revoking my PRCS, or a decision by the hearing officer after a PRCS violation hearing? 201
Mandatory supervision 202
Basics of Mandatory Supervision 202
What is mandatory supervision? 202
Who can be released onto mandatory supervision? 202
After Release: What to Expect in your first days out on mandatory supervision 202
What must I do after I get released onto Mandatory Supervision? 202
Length of Mandatory Supervision 202
How long will I be on mandatory supervision? 202
Can I get off mandatory supervision early? 203
Conditions of Mandatory Supervision 203
What are the conditions of mandatory supervision? 203
Can I earn good time credits on mandatory supervision? 203
Transferring Locations on Mandatory Supervision 203
How do I transfer counties on mandatory supervision? 203
How do I transfer states on Mandatory Supervision? 203
Violations & Revocations of Mandatory Supervision 203
What is the probation violation and revocation process on mandatory supervision, and what are my rights in that process? 203
What happens if I am unable to abide by the conditions of my mandatory supervision? 203
Your Rights as a Person with a Disability on Mandatory Supervision 204
I have a disability. What rights do I have regarding accommodations for my disability? 204
How can I request an accommodation or file a complaint if I feel that probation is not accommodating my disability, or if I am not getting access to probation services or programs? 204
Violations & revocations of Formal probation, Informal probation, & mandatory supervision 205
Pre-hearing 205
What is the probation revocation process in California? 205
What could happen if I don’t follow the conditions of my probation? 205
Can I be revoked for not paying restitution? 205
Can flash incarceration be used as an intermediate sanction? 205
Am I entitled to bail? 205
What does the court have the power to do to my probation status? 205
The Hearing 206
What court will hear my case? 206
Who hears the cases? 206
Who represents the interest of probation in the hearing? 206
What does the prosecutor (D.A.) need to prove? 206
Do I have a right to notice of the probation revocation hearing? 206
Do I have the right to an attorney at the hearing? 206
What rights do I have during a probation revocation hearing? 206
At my probation revocation hearing, can the prosecutor (D.A.) introduce evidence obtained through an unlawful search or seizure? 207
Can a witness be excused from testifying in front of me at a probation revocation hearing? 208
What happens if a very important witness doesn’t show up to the probation revocation hearing, even though he/she was required to attend? 208
Sentencing 208
How long can I be sentenced to jail time for a probation revocation? 208
Could I be sentenced to prison instead of jail for a probation revocation? 208
If my probation is revoked and terminated, how long will I be sent to prison or jail? 209
Challenging a Revocation decision 209
What rights do I have if I am a person with a disability going through probation revocation proceedings? 209
Can I challenge a decision/action by the county superior court? 210
IV. Transferring States While under Community Supervision 211
How do I transfer states while I am under community supervision—such as state parole, probation, PRCS, OR mandatory supervision? 211
I am a 290 sex offender registrant under community supervision, and I want to transfer to another state. Are there special rules that apply to my transfer request? 212
V. Federal community supervision: federal probation 213
Basics of Federal Probation 213
What is federal probation? 213
Who is supervised by federal probation? 213
After Release: What to Expect in Your First Days Out on Federal Probation 213
When must I report to my probation officer? 213
Length of Federal Probation 214
How long is my supervision under federal probation? 214
Can I get off of federal probation early? 215
Could my time on federal probation be extended beyond the original sentence? 215
Conditions of Federal Probation 216
What are conditions of federal probation, and why are they important? 216
Where can I find a written statement of my conditions of federal probation? 216
How often do I have to see my probation officer if I am on federal probation? 216
What is the difference between mandatory & discretionary conditions? 216
What are the mandatory conditions on federal probation? 217
What are additional mandatory conditions that only certain people on federal probation have to follow? 217
What discretionary conditions will I have to follow on federal probation? 218
What rules must the judge follow when ordering discretionary conditions on my federal probation? 218
Can I ask that my conditions of federal probation be changed? 218
Can I challenge unlawful discretionary conditions that were added on to my federal probation? 219
How can I challenge unlawful discretionary conditions that were added on to my federal probation? 219
Violations & Revocations—For BOTH Federal Probation and Supervised Release 219
Disabilities & Federal Probation 219
Transfer Locations on Federal Probation, Federal Supervised Release, or Federal Parole 219
How can I move if I am on federal supervision (like federal probation, federal supervised release, or federal parole)? 219
What factors could help my request to move/transfer be approved? 221
What factors could hurt my request to move/transfer from being approved? 221
I am on federal probation, Federal supervised release, or Federal Parole. Is it possible to move while a transfer investigation is still pending? 221
Can I challenge a denial of my transfer request? 222
I am on federal supervision. Can I move in with someone who lives in government-assisted housing (like public housing, Section 8, or a voucher program)? 222
VI. FEDERAL COMMUNITY SUPERVISION: sUPERVISED RELEASE 223
Basics of Supervised Release 223
What is supervised release? 223
After Release: What to Expect in Your First Days Out on Supervised Release 223
Length of Supervised Release 223
How long is my supervision under supervised release? 223
Can I get off supervised release early? 224
What factors can the judge consider? 224
Conditions of Supervised Release 224
What are conditions of supervised release, and why are they important? 224
What is the difference between mandatory & discretionary conditions of supervised release? 225
Where can I find a written statement of my conditions of supervised release? 225
How often do I have to see my probation officer if I am on supervised release? 225
What are the mandatory conditions that apply to me and everyone else on supervised release? 225
What are additional mandatory conditions that only certain people on Supervised Release have to follow? 226
Are there any additional conditions I will have to follow on supervised release? 226
What rules must the judge follow when ordering discretionary conditions on my supervised release? 226
What discretionary conditions will I have to follow on supervised release? 227
What additional discretionary conditions may I have to follow on supervised release? 228
Can my conditions of supervised release be changed? 228
How do I challenge unlawful discretionary conditions that were added on to my supervised release? 228
Transfer Locations on Supervised Release 229
Violations and Revocations — For Both Federal Probation and Supervised Release 230
What is a violation of my federal probation or supervised release? 230
Can my U.S. probation officer send me back to prison? 230
What could the court do if it finds that I violated my federal probation or supervised release? 230
When is revocation of federal probation or supervised release mandatory? 230
What will happen if my violation was also a new criminal offense? 231
What are possible sanctions for an alleged violation of federal probation or supervised release? 231
What laws guide the court in sentencing me for my revocation of federal probation or supervised release? 232
Can I appeal the court’s revocation decision/action? What court has jurisdiction? 233
What will the judge look for when reviewing my appeal? 234
Disabilities & Supervised Release 234
VII. Federal community supervision: federal parolE 235
Basics of Federal Parole 235
Who is released onto federal parole? 235
If I am on federal parole, why do I report to a U.S. probation officer? 235
Before Release: What to Know about Getting Released onto Federal Parole 235
I am still incarcerated. What is the legal process for getting released from federal prison onto federal parole? 235
What could happen if I refuse to sign the certificate of release? 236
Do I have to return to the same community that I came from for my federal parole? 236
What is the difference between federal parole and “mandatory release”? 236
Is it possible that I be released from federal prison and not be on any type of community supervision? 236
After Release: What to Expect in Your First Days Out on Federal Parole 237
After I am released to federal parole, when and to whom must I report? 237
I am not a U.S. citizen, and I am told I have an outstanding detainer against me. What is a detainer? What could happen to me? 237
Length of Federal Parole 237
How long will I be on federal parole? 237
Can I get off federal parole early? 238
How does the U.S. Parole Commission decide whether to let me off federal parole early? 238
If I am denied early termination of my federal parole, can I challenge the U.S. parole commission’s decision? 239
Conditions of Federal Parole 240
What conditions must I follow on federal parole? 240
General conditions of federal parole 240
I am on federal parole. Can I travel outside my federal parole district? 241
Special conditions of federal parole 241
What special conditions could apply to me on federal parole? 241
Can federal parole require me to go to a halfway house or require me to undergo drug or alcohol treatment while I’m under supervision? 242
If I’m on parole, may I own, use or possess firearms after they are released? 242
Can the parole commission change any of my conditions of release? 242
After a parolee is released, may any of the conditions be changed? Can additional ones be imposed? 242
Transferring Federal Parole 242
Violations & Revocation of Federal Parole 242
What could happen if I violate the conditions of my federal parole (or mandatory release)? 242
Who issues an arrest warrant or summons to appear at a hearing if I violate federal parole or mandatory release? 243
After a warrant or summons is issued, what happens? 243
May a federal parolee have an attorney at a preliminary interview and revocation hearing? 244
Will I be in prison pending hearing? 245
Where are the revocation hearings held? 245
What is the timeline of the hearing? 245
If my hearing is held in a federal institution rather than locally, am I entitled to an attorney and may I present witnesses on my behalf? 245
What is the hearing procedure? 245
When is revocation mandatory? 245
How could I be sentenced for a revocation of federal parole? 246
If the commission revokes parole or mandatory release, does a parolee get any credit on the sentence for the time spent under supervision? 246
If I get my federal parole revoked, how long must I serve before the parole commission reviews my case again? 246
Can I appeal the revocation decision by the U.S. Parole Commission? 246
Disability Rights for People on All Types of Federal Supervision 247
I have a disability. What rights do I have on federal probation or parole to have accommodations for my disability? 247
How can I file a complaint if I feel that my federal probation officer is not accommodating my disability, or feel that I am not getting access to parole services or programs? 247
VIII. CONCLUSION 248
PAROLE & PROBATION APPENDIX 249
Community supervision is a requirement that may apply to you — either as part of a sentence that you serve after release from incarceration, OR as a sentence that you serve instead of incarceration. If you are under community supervision, this means you are monitored by a correctional officer while living in the community, and you are subject to certain rules — like where you can live and work, who you can contact, and people or places where you must regularly report.
It is important to know what kind of supervision you are on, and what rules of supervision apply to you, because these rules impact every part of your life: where you can travel, where and how often you have to report to a supervising officer, the steps you should take if you are having a problem with the rules (“conditions”) of your supervision, the amount of time you’ll be under supervision in the community, the types of record-cleaning and record-improving remedies available to you, the type of contact you may have with certain people or family members, your ability to vote and serve on a jury, and MORE. This chapter will help to explain the rights and responsibilities you may have under each specific type of supervision — state parole; county probation, mandatory supervision, or PRCS; federal probation, supervised release, or federal parole.
There are 4 main categories of supervision in California. They are:
STATE PAROLE: In California, parole is a condition of release for many people coming out of prison. [304] It only applies in felony cases when a person is sentenced to state prison. It also only takes effect after release from prison.
COUNTY PROBATION & NEW FORMS OF COUNTY-LEVEL SUPERVISION: Probation is a type of supervision that a judge orders at trial as part of the original sentence , either as an alternative to incarceration OR in addition to incarceration. [307] California probation reduces or eliminates the time that a person must spend in custody in jail or prison. [308] People on probation must report to their county probation office (for more about formal probation, go to PG. 194) or to local superior court (for more about informal probation, go to PG. 190), and must meet certain requirements or “conditions” of probation. Depending on the circumstances, either the court or a probation officer monitors the person’s compliance with his or her probation terms. Informal probation, formal probation, mandatory supervision, and post-release community supervision (PRCS) are all types of community supervision that fall under the responsibility of California’s county probation departments. Unlike state parole offices, which are all operated by CDCR and DAPO, county probation departments have a lot more independence and differences between them. Here is a quick overview of the different types of county probation:
FEDERAL PROBATION : People convicted of certain federal offenses may be sentenced to federal probation or supervised release. The U.S. Probation and Pretrial Services System oversees federal probation. [313]
FEDERAL PAROLE: Although federal parole was officially eliminated in 1984, certain categories of people may still be on federal parole. These categories include: (1) people who were sentenced in federal court before November 1, 1987; (2) people who violate criminal laws in Washington, DC (the nation’s capital); (3) people convicted of crimes within the U.S. military’s criminal justice system; and (4) people convicted in certain foreign transfer treaty cases. People who are on federal parole are supervised by federal probation officers. [320]
Federal and state correctional systems operate separately from each other. The system that convicted you — either federal or state — determines where you will serve time and also what type of supervision you will be on after your release.
Below is a chart that summarizes some key differences between the state and federal systems.
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OVERVIEW: FEDERAL vs. STATE CRIMINAL JUSTICE SYSTEMS |
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TYPES OF OFFENSES
(These are for example only.
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TYPES OF INSTITUTIONS WHERE INCARCERATION TIME IS SERVED |
TYPES OF COMMUNITY SUPERVISION
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FEDERAL SYSTEM |
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STATE SYSTEM |
The vast majority of crimes are defined and enforced by the state criminal justice system. |
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You may not know what type of supervision you are under. It’s possible that you could be under more than one type of supervision, or under different types back-to-back. If you don’t know, and you are still incarcerated , you should ask a correctional counselor in your institution. If you don’t know, and you are out , you should ask the case manager or supervising officer you report to.
Once you know what type of supervision applies to you, you can skip to the section in this chapter that is relevant to your situation.
In this Chapter, when we refer to people returning from the community from prison and jail, we often use official terms and phrases that are used by the California Department of Corrections (CDCR) and other correctional agencies. We don’t always agree with this official language, and we believe it can be dehumanizing; but at times we use it in order to explain the official rules clearly to our readers. Meanwhile, we support efforts to use humanizing language when talking about currently or formerly incarcerated people. To learn more about such efforts, led by formerly incarcerated advocates, visit Root & Rebound’s blog post summarizing an open letter by Eddie Ellis: https://rootrebound.wordpress.com/2014/01/29/discourse-can-de-humanize-open-letter-on-language-from-cnus/ .
Before you continue reading, it is helpful to get a sense of some of the key terms we use. Although they are each explained in the chapter, we list them here for your convenience:
Every state in the U.S. runs its own criminal justice system. In the next two sections of the PAROLE & PROBATION CHAPTER, you will learn about the types of correctional supervision in the community that are run by the state of California:
In California, parole is a condition of release for a person coming out of prison. [321] It applies only to people convicted of a state felony and sentenced to state prison. State parole takes effect only after you are released from prison.
People on parole — sometimes called “parolees” — remain under the control of CDCR. Within CDCR, parolees are more specifically under the control of the Division of Adult Parole Operations (DAPO), a division of CDCR. As a parolee, you are supervised by CDCR parole agents, and you must satisfy certain rules or “conditions” of parole. [322]
Possibly, depending on your specific situation and the type of offense you committed. If you are incarcerated in a California state prison, you must serve a parole term after release if any of the following apply:
IMPORTANT: If you don't fall into any of these categories, you are likely on a new form of supervision called post-release community supervision (PRCS). To learn more about PRCS, go to PG. 196. If you think you will be on state parole, not on PRCS, see the earlier section on state parole, on PG. 142.
Before you are released from prison, a correctional counselor will screen your case and decide whether to refer you to state parole or to PRCS. [323] The correctional counselor should start this screening process at least 180 days prior to your calculated release date. [324] The CDCR Form 611, “Release Program Study,” (see Appendix S, PG. 291) is used to determine whether you will be eligible for PRCS after release. [325]
While Root & Rebound (the nonprofit reentry legal resource center that writes, updates, and publishes this guidebook) focuses on helping people prepare for and navigate legal barriers in reentry related to having a criminal record and/or being formerly incarcerated, we receive many questions through letters and our weekly Reentry Legal Hotline from people currently incarcerated in state prison, asking about new laws and policies affecting parole eligibility, release date calculations, and parole consideration hearings for lifers.
While Root & Rebound’s legal team does not have expertise on parole eligibility, release date calculations, and parole consideration hearings, we know it can be very difficult to get up-to-date and useful information while incarcerated about new laws impacting your life and future release.
To address this huge need, we have included new information and resources here and in the PAROLE & PROBATION CHAPTER’S Appendix on the following issues:
If you are serving on an indeterminate sentence (for example, “15 years to life”), you will go before the board 13 months before your minimum eligible parole date (MEPD) for a hearing to decide whether you should be released on parole.
There are also special early parole processes for certain populations, including youth offender parole (see the section on SB 260/SB 261 below), the elderly parole program, non-violent second strike parole consideration, and compassionate release. Some of these programs involve a full hearing and others are just a “paper process” with no hearing.
[BOX: You can write us or call our Reentry Hotline (any Friday, 9AM – 5PM, at phone number 510-279-4662) if you would like additional information on any of these special paroles processes!]
If you are serving on a life sentence, you have the right to be represented by an attorney at your parole suitability hearing. If you qualify as “indigent,” an attorney will be provided at the state’s expense. You can also hire an attorney to represent you.
See Appendix LL for a list of attorneys and organizations that provide representation at parole board hearings at reasonable rates.
SB 260 and SB 261 refer to two California Senate bills that created a youth offender parole process for individuals who were convicted before they turned 23 years old and have already served 15, 20 or 25 years.
If you are eligible under SB 260 or SB 261, your hearing will automatically be scheduled. See Appendix MM for an excerpt from the Human Rights Watch “Youth Offender Parole” guide. The excerpt provides a checklist for helping you determine if you are eligible for a youth offender parole hearing. [326]
If you believe that you are eligible but have been told that you are not, you can file a 602 appeal or fill out a special form from the Board of Parole Hearings (see Appendix NN for this “Form to Contest Disqualification by BPH as a ‘Youth Offender’”).
Prop. 57 was passed by California voters in November 2016. It has three main parts:
The part related to direct filing for juvenile offenders went into effect immediately, but, as of the publication date of this guidebook, CDCR has only issued draft rules for Parts 2 & 3. The draft rules are considered “emergency regulations” and will take effect right away, with the final rules to follow a few months later.
If you were convicted of a nonviolent offense, you may be eligible for early parole consideration after completing the base term for your primary offense. Most currently incarcerated people will also get to take advantage of the changes to the good credit system, though the rate at which you can earn credits will depend on your commitment offense. See Appendix OO on PG. 326 for an informational letter prepared by our office that includes the most current information we have on Prop. 57 as of the date of publication of this guidebook. For more up to date information, you can write us at Root & Rebound, 1730 Franklin Street, Suite 300, Oakland, CA, or call our Reentry Hotline (any Friday, 9AM – 5PM, at phone number 510-279-4662).
There are several responsibilities to be aware when you first get out of state prison and are living in the community on parole:
CDCR makes it clear that “it is up to you to get yourself to your parole office” upon release, so do your best to make contact with your parole agent right away, and visit the office as soon as you can, if you don’t have a set appointment time. [327]
You should call your parole agent when you first get out. The agent’s name, address, and telephone number should be on CDCR Form 611, “ Release Program Study” (RPS). You should have received a copy of the RPS at least 45 days before your release date — or, if less than 45 days remain because your legal status changed in prison, then as soon as possible before your release to parole. [328] (To see an example RPS, go to Appendix S, PG. 291.) If you cannot reach your parole agent, or if you do not know who that person is, try going to the closest parole office you can find and ask for help. The parole office can call your parole agent and let him or her know you are coming and when you will be there. For a phone directory of California state parole offices, visit: http://www.cdcr.ca.gov/Parole/Public_Officers_and_Regional_Offices/ .
If you were given a date, time, and place to report to your parole agent (see your Form 611, Release Program Study (RPS)), you should report to him or her at that time in that location. [329] If you get out on a weekday and can visit the office that day, we recommend that you do so. If you get out on a weekend or national holiday when the parole office is closed, it is recommended that you visit the office the very next day it is open.
If you get stuck out of town, get lost, or cannot get to where you have to go, contact your parole agent by calling collect. If you cannot contact your parole agent, call the Parole Headquarters for your region, and ask for the Officer of the Day. (For the Northern Region Headquarters, call 1-916-255-2758; for the Southern Region Headquarters, call 1-909-468-2300). If you don’t know which region you’re in, call the Division of Adult Parole Operation’s Headquarters at (916) 445-6200. [330]
This requirement does not apply to all people on parole. It may apply to you if you went to prison for a sex, drug, gang, or arson case. [333] Before you get out of prison, you should be told whether you have to register with the local police or sheriff as a condition of parole. Specifically, your correctional counselor at the prison should check a box on your CDCR Form 611, “Release Program Study” (RPS), indicating your registration requirements; and this form must be given to you at least 45 days before your expected release date. [334] (See an example of the RPS form in Appendix S, PG. 291). You will then have to sign a form that tells you when and how you must register. (See the chart below.) [335] If you have questions, talk with your correctional counselor in the prison, or with your parole agent once you are out. [336] Upon release, you should then register with the police or sheriff as soon as possible. Please refer to the chart on the next page for a summary of registration requirements.
The chart below summarizes the laws that require people to register.
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SUMMARY OF SPECIAL LEGAL REQUIREMENT TO REGISTER WITH POLICE OR SHERIFF |
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TYPE OF CONVICTION REQUIRING REGISTRATION |
LEGAL AUTHORITY |
FORM YOU MUST SIGN BEFORE RELEASE TO SHOW YOU RECEIVED NOTICE OF YOUR DUTY TO REGISTER |
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CRIMINAL STREET GANG-RELATED [337] |
Cal. Pen Code § 186.30 |
Each county creates its own forms. Contact your local police or sheriff department to ask what you need to do to register for a gang-related conviction. The local police or sheriff’s office may require you to fill out certain forms, and some first require an appointment. [338] |
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SEX OFFENDER |
Cal. Pen Code § 290 et seq. |
DOJ Form SS 8047, “Notification of Sex Offender Registration” |
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ARSON |
Cal. Pen Code § 457.1 |
DOJ Form SS 8049, “Notice of Arson Offender Registration Requirement” |
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CONTROLLED SUBSTANCE OFFENDER |
Cal. Health & Safety Code § 11590 |
DOJ Form SS 8048, “Notice of Narcotic Offender Registration” |
You will most likely be paroled from prison to the county where you last lived (called your “last legal residence”). [339]
However, CDCR will place you on parole in a different county if it would be “in the best interests of the public.” [340] This exception may apply to you if you were convicted of certain violent felonies (including murder, voluntary manslaughter, mayhem, rape, sodomy by force, oral copulation, lewd acts on a child under 14, or any felony punishable by death), or a crime involving stalking or a great bodily injury enhancement. In any of these cases, you will not be paroled to a county where you would be within 35 miles of the residence of a victim or witness if: (1) the victim or witness has requested additional distance, and/or (2) the BPH or CDCR finds that there is a need to protect the victim or witness. [341] If the BPH or CDCR decides to send you to another county for parole, the deciding agency must provide a written statement of the reasons for its decision. [342]
For information on how to request a transfer of your parole location from one county to a different county, see PG. 179, or from one state to a different state, see PG. 211.
Interest is a small percentage of your money that is held in your account. Periodically, interest gets added to your account, due to the fact that someone else (the prison) is holding your money.
Yes, but it is very limited and for a very small amount. You are entitled to the money in your trust account and to gate money. You may be able to get other emergency funds by requesting them through your parole agent. Below, we explain which types of financial assistance you can ask for during your first days out:
(1) TRUST ACCOUNTS:
Money that you brought to prison, earned in prison, or received in prison is kept in an interest-bearing trust account. The “interest” is paid to the trust account on a monthly basis, minus “operational expenses” (fees charged for operating the account). Any money in your trust account, including any interest earned, must be given to you at your release. [343]
If you were returned to prison or jail on a parole violation — but you were there for less than 6 months — you should receive $1.10 for each day you were held, up to a maximum of $200. ( See 15 Cal. Code Regs. § 3075.2(d)(4).)
(2) GATE MONEY (a.k.a. “RELEASE ALLOWANCE”):
YOU GET $200 GATE MONEY IF:
If you are leaving a California state prison and you are (1) paroled, (2) placed on post-release community supervision (PRCS), or (3) discharged from a CDCR institution or reentry facility, you are entitled to $200 in state funds upon release. [344] Even though your parole agent is responsible for giving you these funds, the agent is not required to give you the entire amount immediately. Instead, your parole agent may distribute the $200 in separate, smaller amounts over a period of 60 days following your release. [345] By the end of those 60 days, you should have received the entire $200. If you need to buy clothes or a bus ticket at the time of your release, you must pay for it; CDCR does not provide extra gate money for clothing or transportation. If you ask CDCR to help cover these costs, it will deduct the amount from your $200 gate money. [346]
IMPORTANT: You also have the right to the $200 gate money in the following cases:
YOU GET $100 GATE MONEY IF YOU RECEIVED A $100 ADVANCE:
If you are released from prison into a Community Correctional Reentry Facility [350] or Alternative Custody Program (ACP), [351] you may be given an advance of up to $100 of your gate money at that time. [352] Once you are released from the reentry facility or ACP, you may receive only what is left of the $200 — for most, this will be $100 that has not yet been given to you. [353]
YOU WILL NOT RECEIVE YOUR GATE MONEY IF YOU ARE RELEASED FROM PRISON INTO THE CUSTODY OF ANOTHER AGENCY THAT IS DETAINING YOU:
If you are released from a state prison into the custody of another state prison, a federal prison, or a county jail, you will not get gate money until you are released from that custody. [354] (This might happen if you face charges or have been convicted in another state or in the federal system.) Similarly, if you are released from prison into the custody of the U.S. Immigration and Naturalization Service (INS) and are waiting for a deportation hearing date, you will not get gate money. [355]
YOU LOSE YOUR RIGHT TO GATE MONEY IN THE FOLLOWING SITUATION:
If you “abscond” from parole before receiving all of your gate money, you give up your right to the gate money. This means if you flee, go missing, fail to report to your parole agent, or fail to let your parole agent know where you are, you lose your right to the $200 gate money. [356] If you abscond from parole, you also risk: 1) getting your parole revoked and going back to prison; 2) being held on parole for a longer time period than originally required; 3) being forced to wear a GPS tracking advice while on parole (see PG. 157).
YOU HAVE NO RIGHT TO GATE MONEY IN THE FOLLOWING SITUATION:
If you were put in jail for parole revocation proceedings, you do not receive gate money upon release. [357]
Your parole officer should give you gate money at your release. If, however, your officer does not have the money or does not know where to send it, you should file an administrative appeal (CDCR Form 602 and CDCR Form 22) and start the grievance process. We recommend keeping copies and dates of any appeals or grievance forms you submit. [358] If you are in special proceedings — like MDO (mentally disordered offender) or SVP (sexually violent predator) hearings — getting gate money may be more complicated. If that is the case, you can call Root & Rebound’s Reentry Legal Hotline at 510-279-4662 (Fridays, 9 am – 5 pm PST) for assistance. You may have to file an administrataive appeal (learn how on PG. 173.); or you could ask your public defender or defense attorney to file a motion on your behalf with the court to recover your gate money.
(3) EMERGENCY FUNDS:
The clock for your parole period is paused if:(1) YOU GO MISSING: Any time you “abscond” from parole (go missing or fail to report to your parole agent), and any time you are not available for parole supervision, this “stops the clock” and does not count toward the parole period. (2) YOU HAVE TO GO THROUGH SEXUALLY VIOLENT PREDATOR (SVP) PROCEEDINGS: The parole term is “tolled” (paused) until the SVP proceedings are dismissed or you are discharged from the Department of State Hospitals (DSH).(3) YOU ARE SENT TO COUNTY JAIL (NOT PRISON) FOR A NEW FELONY CONVICTION. If you are sentenced to a county jail term for a new felony conviction, you will stay on parole while serving your jail sentence, but the clock will pause on your parole term. If the jail sentence ends before your controlling discharge date (CDD) (see chart on PG. 149), you must report to your parole officer upon release and finish serving your original parole term. But if you are sentenced for a new felony conviction, your parole will just be forgotten about — it isn’t paused, but it no longer matters.
There are 2 types of emergency funds [359] that you can request through your parole agent: (1) cash assistance loans (also called “financial assistance funds”) [360] and (2) funds for services (also called “bank drafts”). [361] Unfortunately, since budgets are tight, these funds are extremely limited.
These funds are discretionary . This means that your parole agent and his or her supervisor decide whether to give you a cash assistance loan or funds for services. Their decision will depend on the following factors:
(1) FIRST TYPE OF EMERGENCY FUND: Cash Assistance Loans:
Cash assistance loans (a.k.a. “financial assistance funds”) are loans that you may request from your parole agent. CDCR expects you to pay back these loans as soon as possible (for example, once employment or other financial circumstances allow you to do so). These loans are only granted when there is a critical need and assistance is not available from any other source. [365] The loans are usually for amounts under $50. The parole agent’s supervisor must approve any loan over $50 or any series of loans totaling more than $150 in a 30-day period. [366]
(2) SECOND TYPE OF EMERGENCY FUND: Funds for Services
Your parole agent is also authorized to distribute funds for services (a.k.a. “bank drafts”), including for housing, food, and clothing. Your parole agent may authorize a loan of up to $500 for you to make over-the-counter purchases. The check may be written either directly to you or to the vendor who is selling the item you are purchasing. Once again, the loans are granted on an emergency basis, and you must pay the money back as soon as you can. [367]
Your parole date will be listed on your CDCR Form 1515, “Notice and Conditions of Parole” (see example i n Appendix G , PG. 262). The Division of Adult Parole Operations (DAPO) is responsible for calculating these dates based on state law, and your parole agent must tell you what they are.
If you are on state parole, the length of your parole period is set by state law [368] and is based on your commitment offense (the crime you are or were incarcerated for), and the date when the commitment offense occurred (NOT the date you were sentenced or released). [369]
In most cases, there is a minimum parole period that can be increased up to a maximum parole period if you commit parole violations. [370] Because state laws set the minimum and maximum parole term lengths, the date that a person actually gets off parole will be determined by a number of factors. See PG. 149 for more information.
There are three discharge dates to know — your controlling , maximum, and presumptive discharge date — that all affect when you can get off parole. And there are a number of factors that interact with those three dates to determine whether you can get off parole earlier or later than expected. See the chart on PG. 149 below for details about these three discharge dates.
You can find the parole term lengths in California Penal Code § 3000(b) (for set-length parole terms) and § 3000.1 (for life-long parole terms). For your reference, we have included copies of the current versions of these laws in Appendix F, PG. 259. (The California Penal Code is a body of laws that apply to crimes, parole, and other criminal justice system-related laws in California). To look up the discharge dates that apply to you, see Appendix C, PG. 255 of this chapter.
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THE 3 DISCHARGE DATES TO KNOW TO FIGURE OUT WHEN YOU GET OFF STATE PAROLE |
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MAXIMUM DISCHARGE DATE (MDD) |
PRESUMPTIVE DISCHARGE DATE (PDD) |
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THE CDD IS YOUR BASE PAROLE PERIOD. For example, if someone is on parole for 5 years with a maximum of 7 years, then the Controlling Discharge Date (CDD) is 5 years from the day of release from state prison. [371] |
THE MDD IS THE MAXIMUM TIME YOU CAN BE HELD ON PAROLE. For example, if someone is on parole for 5 years with a maximum of 7 years, then the Maximum Discharge Date (MDD) is 7 years from the day of release from state prison. [372] |
THIS IS THE DATE YOU ARE ELIGIBLE TO GET OFF PAROLE EARLY. The PDD is the date you can be discharged from parole, and the date that you should be discharged if the BPH does not find “good cause” (a good reason) to retain you. [373] This date is always before your CDD (base term). You can only get off on your PDD if you have served parole continuously without disruptions, meaning no violation time, suspensions, or “dead time” for absconding (going missing or failing to report to your parole agent). For example, someone might have a 5-year parole length with a Presumptive Discharge Date (PDD) of 3 years. This means that the person is eligible to be discharged after 3 continuous years on parole.
IMPORTANT! Some people do not have a PDD—meaning certain individuals do not have a date on which they are eligible to get off parole early.
[374]
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In addition to these three very important dates, you can ask your parole agent to recommend that you get off parole even earlier than your presumptive discharge date (PDD) — but this is very hard to achieve. For you to get off parole earlier than your PDD, every level of authority has to agree: the parole agent and his or her supervisor, the Regional Administrator for your parole region, and, the Board of Parole Hearings (BPH) must each approve your early release from parole.To determine your CDD, MDD, and PDD, see Appendix B, PG. 253. For a sample worksheet to calculate your own parole discharge date, see Appendix C, PG. 255.
If you believe the length of your parole term has been miscalculated, you can appeal (challenge) your parole term length with CDCR. You must exhaust the administrative appeal process before you can go to court. Learn more about filing an administrative appeal (using CDCR Forms 22 and 602) on PG. 173.
It depends. This is usually a possibility, but Parole has “discretion” — meaning, power to decide as it sees fit — with some legal limits on how it makes this decision. Most people have the legal right to a “presumption” — or assumption — that they should get off parole early. Based on this, most people have a “presumptive discharge date” or PDD. Learn more about PDDs on PG. 149.
Some people do not have a PDD because of the nature of their commitment offense and when it occurred. See Appendix B, PG. 253, for a list of people who do not have PDDs.
If you have a PDD, then by law, the exact timing of your PDD depends on your underlying commitment offense and when it occurred. The PDD periods can be found in California Penal Code Sections 3000, 3000.1, 3001. [375] If you fit into more than one category, the longer period applies. See Appendix B, PG. 253 for a list of PDDs.
If you are entitled to a PDD by law, then the Board of Parole Hearings (BPH) must conduct a discharge review hearing within 30 days of your PDD. [376] At this hearing, BPH must decide whether to let you off early based on your parole agent’s report (submitted to the BPH on CDCR Form 1502). [377] In this report, your parole agent will make a recommendation either for or against letting you off parole early, [378] considering factors like:
A “mistake of fact” is a legal term used to describe an error that someone makes because he or she doesn’t know the facts of what really happened.
If your parole agent (or another CDCR or Parole staff) makes a “mistake of fact” in the report to the BPH recommending to keep you on parole, you can file a “CDCR Form 602” administrative appeal challenging the mistake. [380] The steps for filing an administrative appeal are described on PG. 173.
“Good cause” basically means “good reason.” According to CDCR, to find good cause for a decision is to find it more likely than not — by a “preponderance of the evidence” — that the decision is based on true facts and solid reasons. (15 Cal. Code Regs.§ 2000(b)(50)).
If the reviewers of your 602 appeal find that there was a significant mistake in your parole agent’s report to the BPH, and that this mistake led to you being kept on parole past your PDD, they can change the recommendation and ask the BPH to reconsider its decision so that you will be discharged from parole. [381] Alternatively, if there is no mistake in the parole agent’s report, but you believe that the BPH has decided to keep you on parole without “good cause” (a good reason), you may want to challenge the BPH decision directly; in that case, you do not need to file a 602 appeal. [382] For information about how to challenge a BPH action directly, go to PG. 151.
You have the right to see a written record of the BPH’s decision about whether to keep you on parole. The BPH is required to make a written record of its decision, and to send a copy of that decision to you. [383] If it is more than 30 days past your PDD and you did not receive written notice of the BPH’s decision, you may be entitled to IMMEDIATE DISCHARGE FROM PAROLE if the BPH failed to make a decision in your case. See PG. 152 for more information.
No. You do not have a right to appear in person at the BPH review hearing. [384] But, if CDCR staff makes a “mistake of fact” [385] in the report that goes to BPH (see definition above on PG. 150), then you can file a CDCR Form 602 administrative appeal asking for reconsideration, and clarifying the mistake that has been made. [386] See the steps for filing a 602 appeal on PG. 173.
The BPH must have “good cause” to keep you on parole past your presumptive discharge date (PDD), if you are entitled to one. [387] The law sets out broad factors that may count as “good cause” to keep you on parole — such as your original crime, in-prison behavior, and parole adjustment (defined on PG. 150 above). [388] At this time, there are no published court cases challenging a BPH finding of good cause for keeping someone on parole, so unfortunately there isn’t much legal guidance. If you are trying to challenge a finding of good cause, it may help for you to show the BPH as much evidence as possible that you have adjusted well to parole, followed all your parole conditions, made efforts to pay off your restitution, complied with any registration requirements, and made significant efforts to turn your life around (both in prison and after release) since your commitment offense. Include documentation of any employment, education or training, as well as certificates for completing programs that helped you improve yourself or learn new skills.
If your parole agent or parole staff makes a FACTUAL MISTAKE in a recommendation to the BPH about whether or not you should be discharged early, you can challenge that mistake through a 602 appeal (see PG. 173 for that process). (15 Cal. Code Regs. § 3723).
If the BPH decides to continue your parole past your PDD, you should be reviewed for possible discharge each year until your maximum discharge date (MDD) is reached. [389] At these annual review dates, you will remain on parole unless the BPH takes action to discharge you. [390]
Yes. Since you are challenging a decision by the BPH, not a decision by Parole, you do NOT need to file a 602 appeal. You can challenge the BPH decision directly in state court. [391]
If there was not a mistake in Parole’s report/recommendations to the BPH, but you still want to challenge the BPH’s decision to keep you on parole past your PDD because you don’t think they had good cause, then there is no administrative appeals process. [392] Instead, you will go straight to filing a writ of habeas corpus in the state superior court where your parole is located to challenge the BPH’s decision.
It depends on why you didn’t get the notice. There are two possibilities:
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IT HAS BE EN MORE THAN 30 DAYS SINCE MY PRESUMPTIVE DISCHARGE DATE (PDD), AND NO RESPONSE FROM BPH ABOUT WHETHER I AM DISCHARGED FROM PAROLE. WHAT NEXT? |
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POSSIBILITY #1: You never received a decision because the BPH did not hold a hearing within the 30 days following your PDD. |
POSSIBILITY #2: The BPH held a hearing and decided to retain you on parole, but never told you its decision. |
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If your situation falls under this first possibility, then you should be automatically discharged. [393] The law states that unless the BPH acts to retain a person on parole after PDD, the parolee “shall” be discharged from parole. [394] This means that parole ends automatically if the BPH fails to take action to retain the person on parole. [395] So, if there is no decision to retain you within 30 days after your PDD, you should be discharged from parole immediately. If it’s more than 30 days past your PDD, file a CDCR Form 22 with your parole agent and a CDCR Form 602 appeal with your parole region’s Appeals Coordinator to resolve this. For the steps on how to file these forms and start the appeals process, see the steps on PG. 173. |
If this is your situation, the BPH’s decision to retain you on parole is still valid by law, even though BPH didn’t properly notify you within the 30-day time limit set by law
[396]
This means you are still on parole. However, you can appeal the BPH’s decision.
[397]
You can file a state petition for a writ of habeas corpus (see details in Appendix K, PG. 274). The court may then order BPH to provide you with a copy of its decision, which you can use to challenge BPH’s finding of good cause
[398]
by filing another petition for a writ of habeas corpus (see PG. 274).
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It is important to know and understand these conditions because if you violate any of them, you may be arrested, incarcerated in a county jail, or returned to state prison, even if you are not convicted of a new crime. ( See Cal. Penal Code § 3000.08(c).)
The general conditions (rules) that apply to you and ALL people on state parole are the following: [399]
One of the general conditions of parole is that lose most rights against searches and seizures by parole and law enforcement—but you do have some rights. Since this is a very important issue in daily life, this section explains in detail what privacy rights you do and do not have against parole and police searches.
You lose most of your constitutional rights against searches and seizures while you’re on parole. When you are OFF PAROLE, the government and law enforcement cannot unreasonably search you or your property or take things from you; and if they search you illegally, they can’t use what they find as evidence against you in court. [406] But when you are ON PAROLE, you have very few rights when it comes to searches of yourself, your property, or your residence. If you are on parole:
The U.S. Supreme Court has upheld these conditions for people on parole even though the same conditions would violate the constitutional rights of someone who is not on parole or not in custody. [411]
An officer has “probable cause” to search someone on parole, his/her residence, or his/her property when the officer has heightened knowledge that they are at the address where the parolee or the subject of an arrest warrant lives. Motley v. Parks , 432 F.3d 1072, 1079 (9th Cir. 2005) overruled in part by United States v. King , 687 F.3d 1189 (9th Cir. 2012).
If a law enforcement or parole officer knows you’re on parole, then the officer is allowed to assume you can be searched without a warrant, without consent, and without reasonable suspicion or “probable cause” — since this is a general condition that applies to all people on parole. [412] HOWEVER, if officers do not know that you are on parole, [413] or if they do not have “probable cause” to believe that you live in the residence they want to search, [414] then they CANNOT search you, your residence, or your property in ways that go beyond normal rules that protect all citizens
Yes. When the officer knows or has probable cause to believe you are on parole, there is just one rule limiting his or her power to search you. The rule is that “ searches must be no more intrusive than necessary for a legitimate interest in parole supervision. ” [415]
Courts have understood this to mean that parole searches must be “reasonable” — meaning they cannot take place too often, be at unreasonable times of day or night, be unreasonably long, or be conducted in an “arbitrary or capricious” (random or reckless) manner. [416] Searches cannot be motivated by the officer’s dislike of you, nor can they be used in ways that don’t serve legitimate law enforcement purposes (for example, they can’t be used to harass or embarrass you). [417]
When conducting a parole search of your house, law enforcement officers must give you notice of their authority and purpose for the search before they enter your house. [418]
When law enforcement officers conduct an unlawful search, a person on parole has very few legal remedies. First off, it is very rare for a court to find that a parole search was “unreasonable.” Note that even if a court finds that a parole search was “unreasonable” and therefore unlawful, evidence found through that search can still be used against you at a parole revocation hearing. [419]
If you believe that officers unlawfully searched you or your property, you should tell the attorney who is representing you. At a parole revocation hearing, you and your attorney should be notified of evidence used against you (see PG. 182 for information on parole revocation hearings).
BUT… In order to search you or your property, an officer must know or have a reason to know that you are on parole or some other type of supervision. Courts have said that a search may be illegal if the parole officer didn’t know, or didn’t have reason to know, that the person being searched was on parole. However, any items that are taken (seized) during the search may still be used as evidence against you in a later court proceeding or in a revocation hearing. Still, a search or seizure cannot be more intrusive than reasonably necessary . If you believe you were illegal searched —tell your lawyer, contact a public defender’s office, or call Root & Rebound’s Reentry Legal Hotline at 510-279-4662 (Fridays, 9 am – 5 pm PST).
In addition to general conditions, there are other laws that impact the civil rights of all people on state parole. These won’t be listed on your CDCR Form 1515: Notice and Conditions of Parole (the form your parole agent gives you upon release), but they are just as important.
Additional laws and restrictions that apply to you and all people on state parole are:
While you still cannot vote in state prison or on state parole, a new law allows many more people to vote in California with criminal records—learn more on PG. 68 of the ID & VOTING CHAPTER.
Possibly. Depending on your situation, you might be able to:
There are both discretionary special conditions that your parole agent can impose on you as long as these conditions meet certain legal standards (see PG. 251), and also mandatory special conditions that are imposed on certain categories of individuals, as required by state law. Keep reading to learn about special conditions.
Go to PG. 173 to learn how to challenge a parole condition.
Sometimes, the Board of Parole Hearings (BPH) or a parole agent may impose special parole conditions that add EXTRA limitations to a person’s life. This section explains when special conditions may be applied, and what rights you have against these conditions.
CDCR and individual parole agents can require you to follow certain special conditions , which are special rules you must follow while on parole. [426]
Yes. Most parolees who complete 180 days of satisfactory parole will automatically be assigned to the “minimum supervision” category — EXCEPT for people whose commitment offense is legally classified as “violent” ( see Cal. Penal Code § 667.5); 290 registrants ( see Cal. Penal Code § 290); people with cases that received a lot of media or public attention, and certain gang members (as documented on CDCR Form 812-A). Even if you are not automatically assigned to “minimum supervision” after 180 days of completing satisfactory parole, you can ask the unit supervisor to reduce your supervision level, and he or she will make a decision on your case. (Cal. Penal Code § 3504.)
If you are a “lifer” in California, or if you were released onto parole before July 1, 2013, or if you were charged with a parole violation before July 1, 2013, [427] then the BPH can require you to follow certain special parole conditions. [428]
If you are not a “lifer,” county Superior Court judges are now in charge of handling your parole conditions and revocations of your parole. [429] Superior Court judges may impose special parole conditions, but these special conditions must be “reasonably related” to your commitment offense (the offense for which you spent time in prison), your “criminogenic needs” (issues that affect your risk of recidivism, such as substance abuse, family ties, and social relationships), and your criminal history. [430]
Special conditions required by CDCR and/or your parole agent will depend on your individual circumstances, including your commitment offense , your criminogenic needs, your criminal history, [431] specific conditions required by law (called mandatory special condititions), and more. Your special conditions will be part of your parole plan, and they can change depending on how well you do on parole. [432] (See the next question to learn about what your parole plan is.)
Your parole plan is an individualized plan to guide your supervision, which DAPO staff will prepare before your release, based on an individual evaluation of your strengths, needs, risk factors, and overall risk of reoffending. Your parole plan will include information identified in your evaluation —your strengths, needs, risk factors, and overall risk of reoffending — as well as goals for your successful reentry; “triggers” that may lead to negative behavior; strategies for avoiding “triggers”; special parole conditions; and your supervision category. [433] Your supervision category is based on DAPO’s initial evaluation of your risk of reoffending, as well as your progress while on parole. [434]
You should receive a copy of your parole plan before you are released . While on parole, you should be meeting regularly with your parole agent to review your parole plan, progress with specific goals and strategies, and other issues. Your parole agent will adjust your parole plan based on your progress and other changes in your situation. [435] S/he should also review your supervision category periodically to see if ti should be changed. [436]
IMPORTANT: Victims and witnesses of your crime can ask for special parole conditions to be added to your parole, including no-contact provisions and/or requirements that you are not paroled to the county where they live (learn more on PG. 179). [437] BPH and CDCR also commonly impose special no-contact provisions for crime partners, which would prevent you from contacting/seeing anyone who was your co-defendant in your criminal case. Lastly, state law requires special conditions for certain categories of people — these are called mandatory special conditions. [438] Specifically, there are mandatory special conditions for “sex offenders” (see PG. 159) and for “mentally disordered offenders” (see PG. 172).
The most common special conditions for a person on state parole are:
Your parole may be revoked for 6 months if you (1) refuse to give any required DNA sample prior to release, or (2) refuse to sign any documents acknowledging a duty to register as a sex offender. ( See Cal. Penal Code § 3060.5).
Your correctional counselor should inform you of your parole conditions at least 45 days before your release, using a CDCR Form 1515: “Notice and Conditions of Parole.” [443] You will be asked to sign the Form 1515. [444] You will also be given a copy of the Form 1515 for you to keep upon your release. Even if you disagree with a special condition listed in the Form 1515, it is usually best to sign the Form 1515 and comply with the conditions while at the same time taking steps to challenge any disputed condition through the appeals process (see PG. 173). If you don't sign the form, you might not get out of prison until the matter is resolved. [445]
When you are out and you first meet with your parole agent, he or she should give you a copy of your Form 1515 to keep, and he or she should explain ALL the general and special conditions of your parole. [446] It is important that you fully understand your parole conditions. If you do not understand some or all of them, ask your parole agent to clear up your questions or concerns.
If your parole agent doesn’t present you with the Form 1515 in your first meeting, you should ask him or her to do so. Again, it is very important that your parole agent explains to you all your conditions of parole — and if he or she does not do so, you should ask.
Yes. A parole condition is invalid if it fails any one of the following four legal tests:
TEST 1: A parole condition is invalid if:
For this test, you must show that the condition is invalid based on all three of these factors.
For example: Courts have held that if a parolee has no history of alcohol abuse or committing crimes while intoxicated, alcohol testing cannot be imposed as a condition of parole because using alcohol (1) is unrelated to the parolee’s past criminal conduct, (2) is not illegal in itself, and (3) is not reasonably related to the parolee’s risk of future criminality. [448]
TEST 2: A parole condition is invalid if:
TEST 3: A parole condition may be invalid if it is excessively broad or so vague that you cannot understand or follow it. [450]
For example: If a parole condition prohibits you from associating with members of a certain group, then to be valid, it must include a requirement that you actually know (or should know) whether the people you’re associating with are members of the prohibited group. [451]
TEST 4: A parole condition is invalid if it limits the type of employment you can have, and this limitation does not directly relate to your crime. [452]
For example: If you were previously convicted for bouncing a check, a parole condition that forbids you from becoming a salesperson would be invalid. [453]
This section has important information about the legal requirements that apply to people who were convicted of sex offenses and must register as sex offenders under California Penal Code section 290 et seq. We refer to people who must register as sex offenders as “290 registrants” below. In California, some legal requirements apply to 290 registrants only while they are on state parole , and other rules apply to 290 registrants for the rest of their life , so please read carefully!
If you are a 290 registrant, there are five main types of special requirements that apply to you: (1) you must register with local law enforcement authorities, (2) you may be subject to GPS tracking while on parole (and possibly for life), (3) you may be restricted around where you can live (“residency requirements”), where you can go, and where you can be employed, (4) information about your identity, and in some cases where you live, may be disclosed to the public; and (5) the California Department of Corrections and Rehabilitation (CDCR) may place other special conditions of parole on you. [454]
IMPORTANT! If you are required to register as a sex offender, you have only 5 working days to register with the city police department (or sheriff’s department if there is no city police department) after you are released from custody or placed on probation or parole. [455] Read more about registration requirements in this section.
Here we discuss three situations in which you would be required to register as a sex offender in California:
SITUATION 1: You must register as a sex offender if you have ever been convicted of any crime listed in California Penal Code section 290(c). Cal. Penal Code section 290(c) includes a wide range of felony and misdemeanor offenses including forcible sex crimes against adults, most sex crimes involving children, prostitution and child pornography-related crimes, kidnap or assault for the purpose of committing a sex crime, soliciting another person to commit a sex offense, and attempt or conspiracy to commit any of the included crimes. [456]
SITUATION 2: You can also be required to register based on convictions for crimes that are not listed in § 290(c) if you committed the crime “as a result of sexual compulsion or for purposes of sexual gratification.” [457] This determination is made by the judge when you are convicted or sentenced for the crime. [458]
SITUATION 3: Even if you were not convicted of a qualifying sex crime, you will be required to register if you meet any of the following criteria:
When you are sentenced for a sex offense, the court should inform you of your duty to register. [464] If you pled guilty or no contest to a sex offense, you should also have been informed of any registration requirement before you entered your plea. [465] In addition, when you are released from incarceration, the custody or supervision agency (that is, the parole or probation department) should inform you of your registration requirements. [466] For example, if you are in state prison, your correctional counselor and parole officer should go over the registration requirement as part of informing you about your conditions of parole (see PG. 157). See PG. 169 for a discussion of the limited situations in which you might be able to challenge a registration requirement.
If you live in another state, but you are employed in or doing business in California for more than 14 days in a row or more than 30 days in a year , OR if you are attending school full-time or part-time in California , you are required to register in California. [467]
If you are moving out of state, you must tell the local California authorities in the city or county that you are leaving; and the notification must be given in person and within 5 working days of your move . [468] After that, you don’t need to keep registering in California, so long as you do not spend much time in California (but see the previous question if you work or go to school here). [469]
However, you may need to register in your new state because the Federal Sex Offender Registration and Notification Act (SORNA) requires sex offenders to register with local authorities in each location in which they reside, are employed or are going to school. The SORNA registration requirements can last for between 10 years and life, depending on the nature of the sex crime and whether you have a clean record after being released from custody. [470] It is a federal crime to live, work, or go to school in another state without complying with the SORNA requirements. [471]
If you are required to register as a sex offender, here are the basic steps for how to register—including important information on when you have to do it:
As soon as you can (perhaps a trusted loved one or advocate could even help while you are still incarcerated), you should gather all of the information and documents you will need to register. This includes:
Some city police departments (or sheriff’s departments if your city has no police department) have special locations and hours when they register people. Calling ahead can help you avoid wasting time waiting around at the police station. If you cannot reach the city police by phone to verify hours and location, that is okay—just skip this step and go in person .
You have 5 working days after you are released from custody (prison or jail) or placed on supervision (parole or probation) to register. [474] You must register in person with the police department in the city where you live, or with the sheriff’s department if you live in an unincorporated area or in a city that has no police department. [475] If you live at more than one address, and your addresses are in different cities or counties, you must register with multiple police or sheriff’s departments so that you are registered in all locations. [476]
PLEASE NOTE : The definition of “residence” here is broad and you can be “residing” at an address for registration purposes even if you are only spending the night there occasionally or staying there on a temporary basis. [477]
When you register, you will be required to provide all of your current residence addresses. [478] Your fingerprints will be taken. You must also provide the name and address of your employer, the license plate number of any car that you drive regularly, and proof of your residence location, such as an ID with your address, a recent rent or utility bill or receipt, or a bank or official document showing your address. [479]
IMPORTANT! Ask the police for proof of your registration. The police must provide you with a copy free of charge.
Unless you fall into a special category listed below, you must re-register every year , within 5 business days of your birthday , with the police department in the city where you live (or with the county sheriff’s department if your city is unincorporated or has no police department). [481]
**SPECIAL CATEGORIES*** – People who Must Register More Often than Once Every Year:
In addition to registering every year within 5 working days of your birthday, you must register more often if you fall into one of the following categories . . .
If you are on parole, you must also provide your parole officer with proof of registration within 6 working days of your release from prison. [492] The police must provide you with a copy of your registration form free of charge. You must notify your parole officer of any updates or changes to your registration information within 5 working days of the update or change. [493]
In November 2012, California voters passed Proposition 35 (the CASE Act), which would require 290 registrants to turn over lists of all of their Internet identifiers and service providers to the law enforcement agencies with which they register (see definitions in footnote). [494] Registrants would also have to give written notification within 24 hours of any change to their internet identifiers or service providers. [495] The internet information must be updated as part of the annual registration process, and the registrant must sign statement acknowledging the requirement. [496]
However, civil rights advocates (the ACLU and others) have filed a federal lawsuit arguing that Proposition 35 violates the U.S. Constitution’s First Amendment rights to free speech and free association. In January 2013, the federal court granted a preliminary injunction, which has been upheld by the Ninth Circuit Court of Appeal. [497] This means that the state of California cannot enforce Proposition 35 unless and until a court rules that Proposition 35 does not violate the U.S. Constitution.
If you have to register as a sex offender in California, then you must register for the rest of your life , so long as you live in the state. [498] It does not matter whether you are on or off parole, PCRS or probation, or whether you have otherwise completed your criminal sentence.
You have 5 working days to register after you are released from custody or placed on probation or parole. [499] When you register, you will be required to provide all of your current residence addresses. [500] Your fingerprints will be taken. You must also provide the name and address of your employer, the license plate number of any car that you drive regularly, and proof of your residence location, such as an ID with your address, a recent rent or utility bill or receipt, or a bank or official document showing your address. [501]
Yes. If you are a college student, employed by a college, or living on a college campus, you must also register with the campus police. [502]
Failure to register is a crime. If your underlying sex offense was a misdemeanor conviction or juvenile adjudication, then failure to register is usually a misdemeanor for the first offense, and a felony for any further violations. If your underlying sex offense conviction was a felony conviction, failure to register is usually a felony. [503]
There is no end to when you can be charged for failure to register since California courts consider it to be a continuing offense (in other words, there is no statute of limitations to charging someone with this as a crime). [504] If you fail to register after moving to a new state, you could also be convicted of violating federal registration laws. [505]
You can be convicted of a separate offense for each requirement you violate. For example, you can be convicted of two crimes for failing to update your registration annually and failing to inform authorities of a change of address, even if both offenses happened during the same time period. [506] However, there are rules that prevent California courts from imposing sentences for two or more registration crimes that stem from one single act. For example, if you move to a new county and do not notify the police or appropriate authorities in either the county you are leaving OR the county you are entering, you can be convicted of two crimes but can be punished for only one. [507]
The punishment for failure to register can be severe. Many of the crimes that require registration are violent or serious offenses, so a person who fails to register may face a doubled sentence under California’s “two strikes law” or even a life sentence under California’s “three strikes law.” [508] Courts have upheld some third strike sentences for failure to register despite claims that those sentences were cruel and unusual punishment in violation of the U.S. Constitution’s Eighth Amendment. [509] In a few cases, courts have overturned life sentences where the failure to register was a technical violation, such as not registering annually though staying at the same address. [510]
To be considered a crime, your failure to register must be “willful.” [511] If you can show that you did not know you had to register or that you were unable to register due to circumstances beyond your control , then you may be able to avoid a conviction for violating the registration law. [512]
HOWEVER , it is very difficult to show that you did not know you had to register unless you were never notified of your duty to register. [513] Simply forgetting to register is not a defense to this crime, even if your memory lapse was related to depression. [514] But if you had a severe, involuntary (uncontrollable) physical or mental condition that caused you not to have actual knowledge of the duty to register, then you should be able to avoid a conviction. [515]
The interaction between criminal and immigration law is very complex, and the answer to this question depends on what your specific conviction is, and/or what happened when you took a plea in your criminal case.
A conviction of an offense that involves sexual or lewd intent can have a range of immigration consequences. But in some cases where the offense is less serious, careful pleading and effective advocacy mey help someone to avoid negative immigration consequences (like avoiding deportation). If you are unsure if your conviction will trigger immigration consequences, it is recommended that you reach out to your defense attorney/public defender’s office immediately about these concerns.
IMPORTANT RESOURCE: For general information on the immigration consequences of a conviction that creates a 290 registration requirement, the Immigrant Legal Resource Center (ILRC) offers a detailed guide online at: https://www.ilrc.org/sites/default/files/resources/10_sex_offenses_2014_final.pdf .
Under Proposition 83, which became effective on November 8, 2006, if you: (1) have been convicted of a felony that requires you to register as a sex offender, AND (2) were sentenced to prison, then the law says that you must wear a GPS tracking device (usually an ankle bracelet) during your parole, and for the rest of your life. [516]
The GPS requirement does not apply to persons who were convicted AND already paroled, given probation, or otherwise released from custody BEFORE November 8, 2006. [517]
However, there are other laws that allow parole authorities, the court, and the Board of Parole Hearings to require parolees to wear GPS tracking devices. [518]
You must report to your parole officer within 1 working day after release from custody (unless instructed otherwise) to get your GPS device. [519]
It’s possible. CDCR can require you to pay to cover the cost of the GPS monitoring. [520] But the CDCR can also waive (cancel) these fees if you are unable to pay, and must conside whether you owe any court-ordered fines, restitution, or other payments. [521] If the GPS cost is unaffordable for you, ask for a waiver.
If you are on parole and do not comply with a GPS requirement, your parole can be revoked. If you do not report on time to get your GPS device, your revocation term will be 180 days unless the court decides that such a term is not appropriate; and if you disable or remove your GPS device, your revocation term will be 180 days. [522] After you are off parole, the law does not specify any punishment if you do not comply with the purportedly “life-long” GPS requirement. [523]
IMPORTANT: There are many rules affecting where 290 registrants can live, move, and work, and extra rules if you are a 290 registrant currently on state parole. Please read carefully to know what applies in your situation!
IMPORTANT LEGAL DEFINITION: “Distance” is measured by a straight line between the main entrance of your residence and the boundary of the nearest park or school — not by driving or walking distance. [524]
RULE 1: If you are a 290 registrant AND currently on state parole AND you were convicted of specific sex acts involving children (specifically any offenses listed under California Penal Code sections 288 or 288.5), AND CDCR determines you to be a “high-risk” parolee , then the law says you cannot live with half a mile (or 2,640 feet) from any K-12 school or park where children regularly gather. [525]
RULE 2: If you are a 290 registrant on parole , are not allowed to live in a single-family house with another 290 registrant, unless they are legally related by birth, marriage, or adoption. [526]
RULE 3: If you are required to register as a sex offender due to a crime against a minor , you cannot reside (except as a client) in a child day care facility or residential facility or a foster family home . Violation of the law is a misdemeanor. [527]
RULE 4: Much stricter and broader residency restrictions were enacted on November 8, 2006 by Proposition 83, which banned registered sex offender from living within 2,000 feet of a school or park where children regularly gather . [528] HOWEVER, in March 2015, the California Supreme Court held that the Proposition 83 residency restrictions were unconstitutional as applied in San Diego County in the case In re Taylor . [529]
The Court found that Proposition 83 severely restricted parolees’ ability to find housing, greatly increased homelessness, and hindered access to medical and mental health treatment, drug and alcohol programs, and other rehabilitation services. Instead of promoting public safety, the residence restrictions actually hurt the efforts of parole and law enforcement authorities to supervise and assist sex offender parolees. The court thus concluded that the infringement on parolees’ liberty and privacy interests had no rational relationship to advancing the state’s legitimate goal of protecting children from sexual predators, and violated the parolees’ constitutional Fourteenth Amendment due process right to be free of unreasonable, arbitrary and oppressive official action. Following this decision, judges in other counties began to grant “temporary relief” to many more individual parolees —excusing them from having to follow the residency restrictions under Jessica’s Law. [530]
In the In re Taylor case, the California Supreme Court stated that the CDCR still has authority to impose special conditions of parole on a case-by-case basis, including residency restrictions that may be more or less restrictive than those in Proposition 83. [531]
CDCR is now reviewing all 290 registrants on a case-by-case basis—and may impose restrictions less than or greater than 2,000 feet depending on the individual parolee’s circumstances. [532] If you are subject to residency restrictions, you may still be able to work in the restricted area – BUT only if you have permission from your parole agent. [533] CDCR will automatically apply residency restrictions barring 290 registrants from living within 2,000 feet of a school or park apply to individuals convicted as adults of certain offenses involving children [534] —namely Lewd Acts with a Child Under 14, [535] and Continuous Sexual Abuse of a Child. [536] Residency restrictions for all other 290 registrants are determined on a case-by-case basis, based on criminal history and other relevant information. [537] If you are required to register as a sex offender on parole, you can contact your local county public defender’s office for more information.
Yes. There are two types of exceptions:
If you are on parole and you do not comply with the residence restrictions, you may be arrested on a parole violation charge, referred for a revocation hearing, and possibly returned to jail for up to 180 days. [541]
Maybe. Some cities, towns, and counties have enacted local ordinances that prohibit or restrict sex offenders from going to places where children may be present (schools, libraries, museums, parks, bus stops close to parks). However, there have been a lot of recent legal challenges to these types of restrictions.
For example, in 2014, California’s Fourth District Court of Appeal struck down a city ordinance in Irvine that barred sex offenders from entering city parks or recreation facilities without written permission from the police chief. [542] The court held that sex offender registration is governed by state law, and that local governments cannot impose additional or different types of registration requirements. Other cases raising such challenges are still in process. Alliance for Constitutional Sex Offense Laws, a California-based nonprofit organization, provides updates about recent legal developments on its website at www.californiarsol.org .
Maybe. If your registerable offense involved a minor, there are restrictions on your ability to work with young people. For example, you cannot work or volunteer in a child day care facility, residential facility, or a foster family home. [543] If your crime involved a minor under the age of 16, you cannot work or volunteer directly with minors in a setting that would leave you unaccompanied on more than an incidental or occasional basis, nor can you have supervisory or disciplinary power over a child. [544]
Even if your crime was not against a minor under age 16, if you want to work or volunteer in a setting where you will touch minors or will be around minors regularly without other people present, then you must notify the employer or volunteer organization that you are a sex offender registrant when you apply for or accept the position. [545] Failure to comply with ANY of the above laws is a misdemeanor. [546]
If you want to obtain a license for some type of business or profession, your criminal history including your sex offense may affect whether you will be granted a license. (See PG. 596 for more information.) You should check with the agency responsible for issuing licenses for information on its policies and application procedures. Also, prospective employers generally can ask you at some point in the process about your criminal conviction history before deciding whether or not to hire you. See PG. 566 for more information.)
Probably. Unless you fall under certain exceptions or your sex offense was handled in juvenile court, the state can publish your name, photograph, physical description, date of birth, and zip code on the internet. [547] This information is published on what is sometimes called the “Megan’s Law” website, after a public notification law passed in 2004. [548] The government can’t publish certain Information about you; this means the Megan’s Law website should not include the name of your employer or any criminal history not related to your registration requirement. [549]
In addition to the Megan’s Law website, state and local law enforcement agencies can release information about 290 registrants by other means when necessary to protect the public. [550]
WARNING: It is a misdemeanor for a 290 registrant to look at the Megan’s Law website. [551] However, according to the Alliance for Constitutional Sex Offense Laws, it is not illegal to ask a non-290 registrant to obtain that information, then print or email it to you. [552]
The information on the Megan’s Law website should only be used for protection of the public. If it is used to commit a crime against you, the person who committed the crime may be punished and can also be liable in a civil suit. [553]
You cannot be excluded from a public business establishment because of your registration status. In addition, the information should not be used to deny you health insurance, credit, educational funds, housing, or (with certain exceptions) a job. [554]
You can apply to be taken off the Megan’s Law website if you have never been found to be a Sexually Violent Predator (SVP) AND your only registerable sex offenses fall into any of the following categories:
Parole officials may impose other special conditions on parolees who were convicted of sex offenses. Some of these are required by state law and others can be imposed at the discretion of parole officials .
Mandatory special conditions of parole—meaning they are required by state law—include the following:
Discretionary special conditions of parole—meaning the parole officer gets to decide based on individual factors whether or not to impose these—include the following possibilities:
Violating a condition of parole can subject you to a parole revocation term of up to 180 days in jail. [558] If the violation is a crime, you could also face new criminal charges. Moreover, re-incarceration on a parole violation or a new criminal term could potentially trigger a Sexually Violent Predator (SVP) evaluation and SVP commitment proceedings.
Generally, a parole condition is valid unless you can show that the condition (1) has no relation to the crime of which you have been convicted; (2) relates to conduct which is not in itself criminal; and (3) requires or forbids conduct that is not reasonably related to future criminality. [559]
You can also convince a court to hold a parole condition invalid if the condition infringes upon a constitutional right and is not reasonably related to a compelling state interest. [560] Conditions that affect constitutional rights may also be invalid if they are broader than necessary to promote public safety or rehabilitation or if they are so vague that they cannot be understood and followed. [561] Also, conditions of parole that limit employment must directly relate to your crime. [562]
If you think your parole conditions are illegal under the above standards, you may be able to challenge them using the legal procedures described in the next section.
You may think you have good legal grounds to challenge a 290 registration requirement, other statutory requirement (such as GPS tracking, or a restriction on where you can live or go or a public notification provision), or parole condition. The procedures you can use to fight the restriction or requirement will depend on which part of the state government set the rule, the point in time at which you are filing your case, whether or not you are still in custody or on some type of supervised release (parole, PRCS or probation), and whether the issue is a matter of state law or federal law. Sometimes you will have several different options. The following sub-sections very briefly and generally summarize the available legal procedures.
No matter what type of court action you file, can request that the court stay enforcement of the requirement or restriction while your case is going on. A court is more likely to grant your request if you can convince the court that your fundamental rights are being violated in a manner that will cause you irreparable harm and that you are likely to eventually win your case. [563] You should state on the cover page of your first petition or complaint that you are making a “Request for Stay,” and then in the next few pages explain why the court should stay the requirement or restriction.
Upon request, the Prison Law Office can provide free, detailed information on each of these types of actions. Information manuals and forms are also available on the Resources page of the Prison Law Office website at www.prisonlaw.com . You can write them at:
Prison Law Office
General Delivery
San Quentin, CA 94964
If you are challenging a condition of parole set by CDCR (and which is not a condition required by a state statute or court order), you almost always must file a CDCR Form 602 administrative appeal before you can file any type of court action in either state or federal court. If your administrative appeal is denied, you should keep re-filing it until you get responses at all three levels of review.
If you are challenging a requirement set by a state statute or a court order, then you do not need to go through the 602 administrative appeal process. The 602 appeals process is described in detail starting on PG. 173.
If you were very recently convicted of a sex crime and your sentencing included a registration order, or if you recently had your parole revoked or were otherwise subjected to a court order imposing a new condition of probation or parole, then you can challenge the court’s order in a direct appeal. You can also file a direct appeal from a conviction for violating the registration laws. You must file a notice of direct appeal within 60 days after you are sentenced.
You can raise both state law and federal law issues in a direct appeal. However, if you pled guilty or no contest, the types of issues you can raise will be limited. If you do not have money to pay a lawyer, the court will appoint a lawyer to represent you in your direct appeal case.
If you are in custody or on parole, probation, or PRCS, then you can file a state court petition for writ of habeas corpus challenging a sex offender requirement or restriction imposed by the court, state law, CDCR parole officials, or local probation officials. You can raise state and/or federal legal claims. Be aware that if you could have raised your issue on direct appeal, or if you delayed in filing your habeas petition, you may have to convince the court why your case should be allowed to proceed anyway. Otherwise, state habeas procedures are relatively simple and speedy.
If the court allows the case to proceed, it must appoint an attorney for you if you want and can’t afford one. If a local superior court denies your petition, you can re-file it, first in the Court of Appeal, then in the California Supreme Court.
If you are NOT either incarcerated or under parole, probation or PRCS supervision, then you CANNOT file a state habeas petition. Instead, you can challenge your sex offender registration or other requirement by filing a petition for writ of mandate. [564] Mandate procedures are somewhat similar to habeas corpus procedures. If your petition for writ of mandate is denied, you can re-file your case to the court of appeal and then to the California Supreme Court. The court has discretion to appoint an attorney to represent you, but there appears to be no requirement that it do so.
If you are in custody or on parole, probation, or PRCS for your sex offense, you can file a federal habeas corpus petition challenging your sex offender requirements or restrictions. [565] However you must first have presented your issues to the California Supreme Court, either through a direct appeal or a state habeas corpus petition.
Federal habeas involves very strict timelines and procedural requirements, and the federal courts have limited authority to overturn state court decisions. Also, you can only raise federal law claims. The court has discretion to appoint an attorney to represent you, but there is no requirement that it do so in most cases. If your petition is denied, you may be able to appeal to the Ninth Circuit Court of Appeals.
If you are either in OR out of custody, you can challenge a sex offender requirement or restriction by filing a federal civil rights (§ 1983) lawsuit. However, your lawsuit must not attack the validity of your criminal conviction or sentence OR seek a speedier release from parole. [566] You can generally raise only federal law issues (although there may be circumstances in which you can also include closely related state law claims). You may be able to ask for injunctive relief (an order that the state do or stop doing something) and/or money damages.
Unfortunately, federal civil rights lawsuits can involve complicated and slow procedures. Also, the court can ask an attorney to represent you only in exceptional circumstances. If you lose your case, you may be able to appeal to the Ninth Circuit Court of Appeals. [567]
Under state law, you may be classified as a “mentally disordered offender” (MDO) on parole only if:
According to the CDCR, if you are a MDO, must receive inpatient treatment from the Department of State Hospitals (DSH) [569] as a mandatory condition of parole.
There are several steps to the MDO determination process:
You can challenge the CDCR’s finding that you are a MDO, which means requesting a hearing before the BPH. If you challenge the finding, the BPH must do the following:
At the hearing, the state will be required to prove “by a preponderance of evidence” (that it’s more likely than not) that you’re a MDO — specifically, that (1) you’ve been diagnosed with a serious mental illness that causes you to pose a substantial danger of physical harm to others, AND (2) you were sentenced to prison for a violent offense. [574] If you want a lawyer at the hearing, the state must provide one for free. [575]
The DSH was created in 2012 to take over the functions of the now-defunct Department of Mental Health (DMH). DSH oversees inpatient mental health treatment facilities in California.
What if, at this hearing, the BPH commissioner decides to agree with the CDCR’s finding that you are a MDO? You can challenge that decision by filing a petition in the local county superior court to demand a jury trial. If you request a trial, the BPH must provide you with (1) a petition form and (2) instructions for filing the petition. At trial, the state must prove “beyond a reasonable doubt” that you met the criteria of being classified as a MDO. [576] If you want a lawyer at trial, the state must provide one for free.
It might be possible. The normal rule is that if you are a MDO on parole, you must be placed in inpatient treatment (confined to a state hospital where you will live and receive mental health treatment) — unless the Department of State Hospitals (DSH) finds that you can be treated safely as an outpatient. [577]
After 60 days in DSH custody, you can request a hearing before a BPH commissioner to ask for outpatient status as a MDO (this means you would live in the community but go to a mental health hospital for treatment). [578] At the hearing, the DSH must show by “a preponderance of the evidence” (that it is more likely than not) that you require inpatient treatment. [579] Once you request this hearing, you have the right to a free appointed attorney (called a “panel attorney”) [580] and the appointment of two independent evaluators. If you disagree with the BPH commissioner’s decision, you may appeal it in county superior court (see below for more information). [581]
The BPH must review your status as a MDO when you reach your presumptive discharge date (PDD: the date when you should be discharged early from parole, unless the BPH finds a good reason to keep you; see PG. 149). At that date, the BPH must decide to recommend either that you continue in your MDO inpatient placement, or that you be discharged. [582] If the BPH recommends that you continue in your MDO placement, it MUST hold re-commitment proceedings, which are similar to the original MDO commitment procedures (see PG. 172 for information about the initial MDO classification process that happens in prison). [583] Before you are re-committed, you should receive written notice of the decision. [584] If you are re-committed multiple times as a MDO, you could end up serving your entire parole term in a DSH hospital. [585]
Re-commitment is the process by which DSH decides that a person is still a MDO and must be confined in a DSH facility for another year.
Possibly. If you are classified as a MDO and you reach your maximum discharge date (your maximum parole term under state law, after which you must be discharged; see PG. 149), the DSH can seek to continue your mental health commitment. This means you would have to stay in inpatient treatment for one more year. [586]
If your MDO commitment is continued,the DSH can continue to seek re-commitment every year. [587] If the DSH seeks to continue your MDO commitment, you’ll be appointed an attorney and a jury trial in the county Superior Court. The district attorney will represent the DSH. At trial, the DSH must prove that you still meet MDO criteria — that you are (1) diagnosed with a serious mental illness that causes you to pose a substantial danger of physical harm to others, AND (2) were sentenced to prison for an offense involving violence. [588]
First, while you can and should challenge a parole condition that you believe is unlawful, it is usually best for you to sign the CDCR Form 1515: “Notice and Conditions of Parole,” and to follow all the conditions while you are taking steps to challenge the problematic condition. Otherwise, you may end up having to spend additional time in custody while the matter is being resolved. (For an example Form 1515, see Appendix G, PG. 262)
IF THE CONDITION WAS IMPOSED BY THE BPH:
To challenge a BPH decision or a parole condition set by the BPH, you do not need to file an administrative appeal — UNLESS the issue involves a disability . Since the BPH has no administrative appeal process, you can immediately file a state petition for writ of habeas corpus with the superior court in the county of your parole. See Appendix K, PG. 274, at the end of this chapter, to learn about the process.
IF THE CONDITION WAS IMPOSED BY PAROLE:
To challenge a parole condition imposed by the Department of Adult Parole Operations (DAPO or “Parole”), you will have to file an administrative appeal, known as a 602 appeal. Keep in mind there are very strict time limits to this entire process, and there are three levels to the appeals process before going to court !
You can challenge your parole conditions by following these steps:
Submit these two forms at the same time : (1) a CDCR Form 22 to your parole agent, requesting an interview to discuss the issue; and (2) a CDCR Form 602 appeal to the Regional Appeals Coordinator.
Attach a copy of your Form 22 request to your Form 602 appeal; and, vice versa, attach a copy of your Form 602 to your Form 22 request. [589]
WARNING: If you send a CDCR Form 602 appeal to the DAPO Regional Appeals Coordinator before filing a CDCR Form 22 with your parole agent, the Appeals Coordinator may screen out and reject your 602 appeal because Parole wants parolees to try and solve issues informally with their agents before a formal appeal is processed. As long as you file the Form 22 and Form 602 at the same time (and attach a copy of each one to the other one), your 602 appeal should be reviewed. Note that the timeline for your agent to respond to your Form 22 request is much shorter than the timeline the Appeals Coordinator has to respond to your Form 602 appeal.
IMPORTANT NOTE ABOUT GATHERING SUPPORTING DOCUMENTS: Time limits are not suspended just because you are attempting to get supporting documents; you should go ahead and file your appeal and explain why you are unable to get the documents. [594] If you do that, the Appeals Coordinator might grant you additional time to get the documents. [595] Failure to meet the timelines may cause you to lose the opportunity to exhaust administrative remedies; thus, you should always file your appeal as soon as possible after the incident or decision that is the subject of your grievance. [596]
You should receive a response to your 602 within 30 working days (don’t count state holidays or weekends). In most cases, if CDCR denies your 602 appeal at the first level of review, you must continue your challenge through all three levels of the administrative appeals process before you can start a case in court. [597]
There are special rules for processing 602 appeals concerning miscalculated parole discharge dates. First level review is done by the records office staff. [598] If your appeal is denied at the first level, you can request second level review, which consists of a “computation review hearing.” Unless you waive (give up) these rights, you should be notified at least 24 hours before the date and time of the hearing. [599] At the end of the hearing, you should get a copy of the hearing decision on a CDCR Form 1033. [600] If your appeal is denied at this second level, and/or if you are dissatisfied with the hearing decision, you can submit your appeal to the CDCR Appeals Chief for third level review.
If CDCR denies your 602 administrative appeal at the first level of review, you have 30 calendar days to submit a second level appeal.
This is a review from PG. 158! Courts have held that parole conditions are invalid if they don’t pass the following 4 tests:
TEST 1: A parole condition is invalid if it: (1) has no relation to the commitment offense; (2) bars conduct that is not in itself criminal; AND (3) requires or forbids conduct that is not reasonably related to future criminal conduct or activities. You must show that the parole condition is invalid based on all 3 factors (just one or two is not enough).
TEST 2: A parole condition is invalid if it infringes on (violates) a constitutional right AND is broader than necessary to promote public safety or rehabilitation.
TEST 3: A parole condition may be invalid if it is excessively broad or so vague that your cannot understand or follow it.
TEST 4: A parole condition is invalid if it limits the type of employment you can have, but does not directly relate to your crime.
You will need to explain how the parole condition you are challenging is invalid under one of these legal tests.
IMPORTANT NOTE: If you are challenging the length of your parole term , you do not need to use these legal tests, but instead you would explain why the parole term length is incorrect based on the California Penal Code and Title 15 regulations. You would still use the same 602 appeals process described above. To learn more about parole term lengths, see PG. 148.
To submit an initial 602 administrative appeal, you have 30 days after the problem, event or decision occurs, or after having first knowledge about the action or decision being appealed. If Parole’s response doesn’t satisfy you at the first- or second-level of the appeals process, you have 30 days to submit a higher-level appeal . [602]
Time limits don’t stop while you are trying to get supporting documents, so you should file your appeal and explain why you are unable to get the documents on time. [603] The Appeals Coordinator might grant you additional time to get the documents. [604] Failure to meet the timelines could lead to your appeal being rejected and being unable to go to court—so file your appeal as soon as possible after the problem or incident occurs. [605]
PLEASE NOTE: There are special timelines and procedures for submitting (1) emergency appeals (see PG. 175), (2) appeals of involuntary psychiatric transfer, and (3) disability-related appeals (see PG. 178). [606]
You must appeal file an appeal of an involuntary psychiatric transfer within 30 calendar days of receiving the hearing decision. This appeal must be sent directly to the CDCR Appeals Chief in Sacramento for review. If possible, attach a copy of the hearing decision to your appeal. [607]
If waiting for answers to an appeal under the normal time limits would cause you serious risk of injury or harm, you may file an emergency appeal and ask for more speedy processing. [608] Circumstances in which an emergency appeal can be filed include when you need protective custody or when you are being transferred to a prison where you have an enemy. If you want to file an emergency appeal, write “Emergency Appeal” on the top of the 602 form and submit it to the Appeals Coordinator. You should explain on the form why the appeal should be treated as an emergency. You may also ask that an action (such as a transfer) be delayed until after the appeal is completed. Intentional misuse of the emergency appeal process may qualify as “abuse” as discussed above. [609] If emergency processing is refused, you will be notified of that; the appeal will either be accepted by the Appeals Coordinator for regular processing or returned with a notice that the appeal is being rejected for some reason. [610] If emergency processing is granted, the first level review is waived or bypassed and the appeal will be sent to the second level. Second level review should be completed within five working days. [611] If you do not agree with the second level decision, you may send the appeal back to the Appeals Coordinator, who will send it electronically to the CDCR Appeals Chief for third level review. The third level decision must be completed within five working days. [612]
CDCR/Parole must respond to your 602 appeals within the following time limits:
IMPORTANT EXCEPTIONS:
Except for the Third Level of a 602 appeal, CDCR/Parole must provide you in writing with (1) an explanation of the reasons for delay, and (2) an estimated completion date. This information must be given to you within the time limits listed on PG. 175. [616] Unfortunately, it is likely that the CDCR Regional Appeals Coordinator office will not provide a formal written response to your 602 appeal within the timelines required by law. Be sure to ask your parole agent and parole agent’s supervisor for the formal response to your 602 appeal at any and all of the three levels of review . If you have asked for a formal written response, and you do not receive one in person or by mail within a reasonable time, you can: (1) File another 602 appeal , noting CDCR and Parole’s failure to give you a formal response to your 602 appeal within the timelines required by law. (2) File a state petition for a writ for habeas corpus in your local superior court. State in the petition that because CDCR and Parole didn’t send you a formal response to your 602 appeal within the legal timelines, you’ve exhausted (completed) the only administrative appeals process available to you. (3) Take informal actions to help create a record of what is happening with your original 602, such as: Calling the Regional Appeals Coordinator office requesting a formal response to your 602 be sent to you (document each phone call); AND Writing and send a dated and signed letter to the Regional Appeals Coordinator where you sent the original 602, noting CDCR and Parole’s failure to return a formal response to your 602 appeal within the timelines required by law; AND Writing and sending a dated and signed letter directly to the parole field office where you report, with attention to your agent AND your agent’s supervisor, noting CDCR’s failure to return a formal response to your 602 appeal within the timelines required by law. In the letter you should include:
Why are these actions suggested? In the appeals process, it is best to have any problems PUT INTO WRITING in a formal letter to the parole office. This is more helpful than just having informal conversations, which don’t leave any documentary evidence..Where do I send my letters?
Northern Region Parole, Appeals Coordinator, 9825 Goethe Road, Ste. 200, Sacramento, CA 95827-2572 Southern Region Parole, Appeals, 21015 Pathfinder Road Ste. 200, Diamond Bar, CA 91765
An appeal may be rejected by the Appeals Coordinator. There are many reasons why an appeal might be rejected, including not having used and received a response to a Form 22 request. [617] An appeal can also be rejected for filing more than the allowable number of appeals, failing to fill out the form properly, failing to attach supporting documents, trying to address multiple unrelated issues, or submitting an appeal that is too lengthy or too vague. [618] If an appeal is rejected, you should get a notice that tells you why and what you can do to correct the problem and get the appeal processed. [619] If an appeal is rejected because of a correctable problem, you should try to correct the problem and resubmit the appeal within 30 calendar days of the rejection. [620] If the problem cannot be corrected and/or you think the rejection decision is incorrect, you can send the appeal back to the Appeals Coordinator with an explanation and/or evidence as to why the appeal should be accepted. [621] Following up on improperly rejected appeals through the highest level is important if you want to preserve your right to file a legal action regarding the original problem, because a rejected appeal may not satisfy the exhaustion of administrative remedies requirement for a lawsuit. [622]
An appeal may be cancelled by the Appeals Coordinator if the time limits were exceeded and you could have submitted the appeal within the time limits. An appeal may also be cancelled for other reasons, such as if the issue is not within the CDCR’s jurisdiction, if the appeal is a duplicate, if you re-submit a rejected appeal without correcting the defect or explaining why the Prison Law Office Administrative Appeals Letter (October 2015) page 6 correction was not made, or if you refuse to be interviewed or cooperate with the reviewer. [623] If an appeal is cancelled, you should get a notice that tells you why. [624] If you think the cancellation was made in error, and you can provide more information showing that your appeal should not have been cancelled or that there are exceptional reasons why the appeal should be processed; you should send the appeal back to the Appeals Coordinator (or the CDCR third level Appeals Chief if the cancellation was at that level) and ask him or her to exercise discretion to process the appeal. [625] You also can file a new appeal challenging improper application of the cancellation rules; if the appeal was cancelled at the third level, you should send your new appeal directly to the third level Appeals Chief. [626] Again, it is important to follow up on improperly cancelled appeals if you want to preserve your right to bring a legal action about the original problem.
In addition to having appeals rejected or cancelled, a prisoner who “abuses” the appeal process may be subjected to other restrictions. Abuse of the appeal process includes submitting more than one non-emergency appeal within a period of 14 calendar days, repeatedly re-submitting appeals that have been cancelled, or submitting an appeal that contains false, obscene, or slanderous, statements, purposely exceeding the space provided on the 602 form, or misusing the emergency appeals process. [627] The first abusive appeal will be processed routinely, but the Appeals Coordinator will begin screening future non-emergency appeals for abuse. If you persistently submit abusive appeals, the Appeals Coordinator will send you a warning letter. [628] If the abuse continues, the Appeals Coordinator will meet with you, and can then suspend processing of your non-emergency appeals and refer the matter to the third level Appeals Chief. [629] The Appeals Chief can decide to restrict you to one non-emergency appeal every 30 calendar days for a period of one year; any further appeal abuse can result in an extension of your restriction period. [630]
Yes. If your 602 appeal was denied at all three levels of administrative review, OR if you never received a formal response from CDCR/Parole after an unreasonable delay, you have completed the administrative appeals process (in legal language, we say you have “exhausted” your administrative appeals). If you want to continue challenging the condition of parole (or parole term length), you can now file a state petition for a writ of habeas corpus in the county of your parole. [631]
Through a habeas corpus proceeding, an incarcerated person or someone on parole can ask a court for “injunctive relief.” This means you ask a judge to order that prison or parole officials DO something or STOP DOING something. For example, a court could order parole officials to drop an illegal parole condition OR to fix a parole term length miscalculation. For details on filing a habeas corpus petition, see Appendix K, PG. 274.
In real life, what often happens is that the Division of Adult Parole Operations (DAPO) Regional Appeals Coordinator sends a formal written response to a 602 appeal, but it never gets delivered to the parolee who filed it. Sometimes the formal response is sent to a parole agent, who fails to deliver it. If something like this happens in your case, and you have not physically received a formal written response to your 602 appeal, then CDCR/DAPO has not provided you with a formal written response as required by law. After 30 working days have passed , you can try asking your parole agent where the formal response to your 602 is and request a copy be sent to you immediately. But if an unreasonable amount of time passes, and you still don’t get a formal response, then you have exhausted (completed) the administrative appeals process and can file a state petition for a writ of habeas corpus (or file a second 602 appeal about the delay). If you do not hear back within the time limits set by law, read more about your different options on PG. 176. Please note: A short delay probably won’t be seen as “unreasonable” or count as “exhausting” the administrative appeals process. For example, if the formal response to your appeal was a week late; or if it was filed away by mistake, but your parole agent immedieately fixed the mistake by handing you a copy when you requested it, this may not be see as unreasonable. But if a month or more has passed since your formal response was due and you have asked but not received it, this looks more like an unreasonable delay and an exhaustion of the administrative appeals process, allowing you to bring the case to state court, if you wish. Remember: The DAPO Regional Appeals Coordinator’s response to your 602 appeal, discussed in this box, is different and separate than the parole agent’s written response to your Form 22 request.
LEARN ABOUT YOUR RIGHTS AS A PERSON ON PAROLE WITH A DISABILITY ON PG. 180! You have rights to be accommodated for physical disabilities, learning disasbilities, and developmental disabilities while on parole.
If you cannot satisfy a parole condition because of a disability you have, or if the parole condition is unfair to you because of your disability, the steps to challenge that condition are different than the appeals process discussed on PG. 173. First, figure out which agency put the condition on you — Parole or the BPH — and then follow the proper steps described below:
IF THE CONDITION WAS IMPOSED BY PAROLE: Fill out and file a CDCR Form 1824 “Request for Reasonable Modification or Accommodation” (see a sample Form 1824 in Appendix Q, PG. 285). To learn more about this procedure, read the section on “YOUR RIGHTS ON PAROLE WITH A DISABILITY” at PG. 180.
IF THE CONDITION WAS IMPOSED BY THE BPH: Fill out BPH Form 1074 “Request for Reasonable Accommodation” (see a sample Form 1074 in Appendix R, PG. 288), and send it to: BPH ADA COORDINATOR, 1515 K Street, Suite 600, Sacramento, CA 95814 .
If the BPH does not respond in a way that solves the issue, you can submit an appeal to the second and third levels of review (learn more about the different levels of appeal and timelines on PG. 173). (Note: You don’t need to file an appeal to challenge most conditions imposed by the BPH, but you do if the condition relates to your disability.)
Find the forms you need online here: http://www.cdcr.ca.gov/BOPH/Inmates_w_Disabilities_Resource.html
IF YOU ARE UNSURE WHETHER PAROLE OR THE BPH IMPOSED THE CONDITION ON YOU: Ask your parole agent if it was Parole or the BPH.
The Prison Law Office (PLO), a nonprofit organization that works on prisoners’ rights, has published a detailed information letter describing the rules, timelines, and procedures for administrative appeals. You can obtain this letter for free by writing to the PLO at: Prison Law Office, General Delivery, San Quentin, CA 94964 .OR visit the Prison Law Office’s online Resources page at: www.prisonlaw.com . A NOTE IF YOU ARE CURRENTLY INCARERATED: For the most part, the 602 administrative appeal process is the same or similar for people currently incarcerated as it is for people released on parole. However, there are some key differences, like the process for challenging health care issues while incarcerated. Challenging prison conditions is outside the scope of this guidebook , which focuses on reentry and the impact of a criminal record on your rights after release. For more information on challenging prison conditions, you can write a confidential, legal letter to Prison Law Office (mailing address and website above).
The Interstate Compact for Adult Offender Supervision also governs the rules for all interstate transfers of state probation, including PRCS and mandatory supervision.
In this section, you will learn how to request that your parole be transferred: from one county to another county, or from California to a different state.
You can make this request either while you are still incarcerated (recommended!) or after you have been released into the community. If your transfer request is denied, you may challenge the denial by filing a 602 appeal (see above PG. 173).
How to request a transfer while you’re incarcerated:
You can ask your correctional counselor for a Transfer Investigation Request form (TIR) and to submit it on your behalf.
If possible, you should make the request for transfer while you are still in prison — when your CDCR Form 611: Release Program Study is being prepared. For more information about Form 611, see Appendix S, PG. 291.
In filling out your TIR, explain the reasons why being in your requested county will help you be more successful in rehabilitation and reentry. You should also provide supporting documents that back up these reasons, such as letters from supportive family members, from your doctor, and/or from a potential employer..Submit these supporting documents along with yourTransfer Investigation Request (TIR). [632]
If you are a “lifer” (a person serving a life sentence), your correctional counselor should submit your TIR to the Board of Parole Hearings (BPH). Most likely, the BPH will discuss your request with the district attorney who is responsible for your case before making a decision. The BPH could deny your transfer request if:
If you are not a lifer, the correctional counselor should submit your TIR to the Division of Adult Parole Operations (DAPO), which will make the final decision about your transfer. [634] DAPO should consider the following in making a decision about the transfer request:
DAPO may deny your request to transfer counties if there are concerns about any of the above.
How to request a transfer after you are released:
Once you are released from prison, you do not need a special form to request a county transfer; you can and should ask your parole agent directly, in a dated letter and/or in person. We highly recommend that you put your request in writing, make a copy of your request before giving it to your parole agent, and keep your copy in a safe place — just in case you don’t receive a response and need to follow up with proof of your original request.
In your request to your parole agent, explain the reasons why being in your requested county will help you be more successful in rehabilitation and reentry. You should also provide supporting documents that back up these reasons, such as letters from supportive family members, from your doctor, and/or from a potential employer. [636]
After receiving your transfer request, your parole agent should prepare a Transfer Investigation Request form (TIR) and submit it to the parole unit supervisor. The supervisor should then consider the following factors:
The Division of Adult Parole Operations (DAPO) may deny your request to transfer counties if there are concerns about any of the above, such as your employment or education plans; housing plans; family support; safety concerns; victim’s notices; or other restrictions about where you can live.
Parole will allow only a limited number of transfers to each county. For this reason, even if all of the factors listed above are in your favor, your transfer request may still be denied. With this in mind, when submitting your request, you should put together the strongest application possible. Gather as much support as you can, especially from your parole agent, correctional counselor, and any other government officials you know — such as judges, district attorneys, and public defenders. It would also be great to get the support of leaders from the community you want to transfer to
IMPORTANT: The same rules for transferring states apply to people on ANY type of state or county supervision. That means if you are on state parole, probation, PRCS, OR mandatory supervision—the process and rules to transfer your supervision to another state are the same. To read about interstate transfer, see PG. 211.
The prison staff may fail to give you the device you need for your disability when you are released. If this happens to you, inform your parole agent immediately and file a disability-related appeal on CDCR Form 1824 (read more about this special appeals process on PG. 181).
Yes. The Americans with Disabilities Act (ADA) and California state law [638] protect you from discrimination due to your disabilities. [639] There are specific rules and procedures that govern your rights while you are in prison or on parole in California:
Your correctional counselor in the prison is required to notify your parole agent about your disability and related special needs. Your correctional counselor should do this by providing information on CDCR Form 611, “Release Program Study” (RPS) (see a copy of this form in Appendix S, PG. 288) and additional specific forms that explain the accommodations you need. If you have a physical discability, your correctional counselor should use CDCR Form 1845 (see example in Appendix T, PG. 294); and if you have a developmental disability, your correctional counselor should use CDCR Form 128C-2 (see example in Appendix U, PG. 297). If you see that the information about your disability is not on your Form 611 RPS, tell your correctional counselor (if you’re still incarcerated) or your parole agent (if you’re out). If, after you talk to your correctional counselor or parole agent, your disability is still not being recorded or accommodated, file an appeal. The appeal process is explained on PG. 181.
If you are a person with a disability, parole staff must make the following accommodations:
If you are a person with a disability asking for fair treatment or asking for access to parole services or programs, there is a special CDCR appeals process for you. Follow these steps: [641]
STEP 1: Fill out CDCR Form 1824, “Request for Modification or Reasonable Accommodation” (a yellow form, see Appendix Q, PG. 285). If you cannot fill out the form due to your disability, seek help from your parole agent, an advocate, or a friend or family member. All parole offices should have this form. You do not need to request an informal review through Form 22 (like you do with the regular 602 appeals process), and you do not need to fill our Form 602, before filing a Form 1824.
STEP 2: If you get a first level response from Parole denying your request, you can appeal to the second level by attaching the original CDCR Form 1824 (find a sample copy in Appendix Q, PG. 285) to a regular CDCR Form 602 administrative appeal (find a sample copy in Appendix J, PG. 271), with Section F of CDCR Form 602 filled out. Send both forms to the Regional Parole Administrator (see Appendix D, PG. 271 for the contact information).
STEP 3: If you get a second level response denying your request, you can send the appeal to the third level for review.
STEP 4: If you get a third level response denying your request, that means you have “exhausted” (completed) all three levels of the 1824 disability appeals process, and you can bring the issue to court by filing a state petition for a writ of habeas corpus in the superior court of the county of your parole. See Appendix K, PG. 274 to learn how. Find the forms online at: http://www.cdcr.ca.gov/BOPH/Inmates_w_Disabilities_Resource.html
Yes. Under the Americans with Disabilities Act (ADA), you have a right to reasonable accommodations for your disability during parole violation/revocation proceedings. [642] For example, parole staff must:
In addition, parole staff must always use “effective communication” and provide reasonable accommodations when interacting with you — even when they are:
When revocation proceedings begin, parole staff should alert jail staff and the attorney appointed to you about your special needs. [645] In the courtroom, your attorney and the court should be responsible for ensuring your needs are met throughout the court process. [646]
KEEP IN MIND: If you have a disability and are on parole, and you are having problems receiving help from parole staff, you can submit a CDCR Form 1824, “Request for Modification or Reasonable Accommodation,” (read more on PG. 181).
Under AB 109, California’s “Realignment” law, there were major changes to the procedures required for California state parole revocations. These changes took effect on July 1, 2013. [647] The new rules for revocation hearings laws are explained in this section.
The biggest change is that local county superior courts will now hear most parole revocation cases. [648] Before July 1, 2013, the Board of Parole Hearings (BPH) was responsible for hearing all parole revocation cases, and now that responsibility has mostly shifted to the courts. [649] Superior court judges will hear these cases in state court. [650] One idea behind this change was to create more transparency and fairness by having independent, unbiased judges hear the cases and weigh the evidence.
This change in the law means that if you were a “lifer” in prison, your parole revocation hearing will be before the BPH, not the local county superior court.
However, the BPH will continue to hear certain cases — specifically:
If you serve your parole violation (revocation) term in county jail, you will serve a maximum of 180 days . [652] Most people serve their parole revocation terms in county jails.
But if you are a former lifer, you may serve a maximum of 12 months in prison for a parole violation. [653] If your maximum parole period is life-long (this may be true if your commitment offense was murder or a sex offense), you may be sentenced to up to a year in prison for a revocation — and, at some point during that year, the BPH may determine that you should be incarcerated longer. [654]
A parole agent or police officer can arrest you if he or she has probable cause to believe you violated a parole condition. (By law, a belief supported by “probable cause” is defined as the reasonable belief of a reasonable person looking at the specific facts of the situation.) [655] BUT the arresting agent/officer does not need a warrant . A judge COULD issue a warrant for your arrest, but does not have to. (Cal. Penal Code § 3000.08(c)). If the parole agent suspects that you have violated a parole condition, you can be arrested by a parole agent or peace office at any time until the judge makes a “final disposition” ( a final decision about your guilt or innocence in the case). [656]
Here is what you can expect if you are arrested for an alleged parole violation:
IMPORANT: The CDCR may inform you that you have the right to waive both your right to an attorney and your right to a hearing, admit the parole violation, and accept the CDCR’s proposed revocation term (sometimes called a “screening offer”). The waiver of an attorney or hearing must be in writing. [662] Again, before you waive any rights, WE RECOMMEND THAT YOU ASK TO SPEAK TO AN ATTORNEY, AND IF YOU CANNOT AFFORD ONE, THAT YOU WAIT FOR YOUR FREE ATTORNEY TO MEET WITH YOU. Please note: There is currently no timeline required for these steps to happen, which is concerning.
Currently, the law does not set any timelines for parole revocation steps. [663] CDCR staff are supposed to make a probable cause determination within 2 business days after a hold is placed on you, notify you of your charges and rights within 3 business days after the hold, and either file a revocation petition with the court or release you within 7 business days after the hold. But these timelines are not formal regulations, and the CDCR is not obligated to enforce them.
California Penal Code Section 1203.2.
The district attorney.
The public defender.
At the parole revocation hearing, the judge must decide whether a “preponderance of the evidence” (meaning more than half of the evidence) supports the charges. In other words, the district attorney must prove that it is more likely than not that you violated parole.
No. [666] You have no right to bail on a pending parole violation charge. [667] However, a court could still grant it. Once a court has “jurisdiction” (legal authority) over a petition to revoke your parole, the court can set bail and release you “on your own recognizance” (leaving it up to you to return for the revocation hearing). [668] If you are not released on bail, your revocation hearing should be held within 90 days. [669]
The superior court judge cannot suspend or revoke your parole unless there is “good cause” (a good reason) to believe that you have violated your parole conditions. [670]
As a parolee, you have the following rights:
IMPORTANT! You may waive (give up) your right to a revocation hearing by admitting that you violated parole. [679] If you believe your rights are violated during the process or in a hearing, say something and tell your lawyer. If you are unsure if your rights have been violated, or if you don’t understand your rights, ask your lawyer or public defender. If you do not have a lawyer or public defender, call your local public defender’s office.
Witnesses may not be required to testify in front of you at your parole revocation hearing if they are considered to be fearful or confidential . [680] Before your hearing, talk with your lawyer about all potential witnesses — those for you and those against you.
If a “material” (essential) state witness fails to attend your parole revocation hearing and the hearing cannot fairly proceed without the witness, the court can postpone the hearing or dismiss the case against you.
To decide whether the witness’s testimony would be “material,” the court should balance the importance of the witness’s expected testimony against the availability and reliability of another source of the same information. Also, if the state’s material witnesses fail to appear, but your witnesses are present, you and your attorney may want to ask that the judge take the testimony of your witnesses before postponing the rest of the hearing.
Yes. Unfortunately, the “exclusionary rule,” which applies in criminal cases, does not apply in parole revocation hearings. This means that unlawfully obtained evidence may be used against you in your parole revocation hearing — even if it would be excluded from a criminal court trial, and even if actually was excluded from a criminal court trial related to the same issue. [682]
It depends on your conviction history.
(1) MOST PEOPLE – Almost everyone who has his or her parole revoked will serve the parole revocation sentence in county jail. [684] You will most likely get 180 days in county jail, even if there were multiple grounds for the revocation. [685]
You can earn “half-time” credit on parole revocation sentences (meaning 2 days “good conduct credit” for every 2 days actually served in custody), regardless of the nature of the commitment offense or parole violation. If you are serving a parole revocation sentence and you violate jail rules or refuse to do assigned work, then you may lose some or all of your good conduct credits. [686]
(2) FORMER “LIFER” –There are different rules if you are on parole after serving an indeterminate prison term of “life with the possibility of parole.” If you are a former lifer:
(3) CERTAIN SEX OR MURDER CONVICTIONS – There are also different rules for people convicted of certain sex offenses or certain murder convictions: [688]
Under a federal law called the Americans with Disabilities Act (ADA), you have the legal right to reasonable accommodations during parole violation/revocation proceedings. [691] Examples of accommodations could include:
Just like all other aspects of parole, the CDCR’s parole staff must use “effective communication” and provide reasonable accommodations when interacting with you. That means that they must use effective communication and provide reasonable accommodations when:
KEEP IN MIND: If you are on parole and have disabilities, and you are having problems receiving help from parole staff, you can submit a CDCR Form 1824, “Request for Modification or Reasonable Accommodation,” (learn more on PG. 181). CDCR parole staff should also alert jail staff and the lawyer appointed to represent you about what your needs are when revocation proceedings begin. [694]
If you are challenging a decision made by the county superior court, you should be able to file a direct appeal under the statute that allows an appeal “from any order made after judgment, affecting the substantial rights of the party.” [695] Follow these steps:
IMPORTANT: If you do not file a timely Notice of Appeal, or if the issue involves information outside the court record, then you may be able to raise the issues in a state court petition for a writ of habeas corpus.
There are many types of issues that you can raise in a challenge to a revocation proceeding or decision. For this reason, we recommend that you speak with your attorney if you believe that your rights have been violated! Your claim could be based on violations of state or federal constitutional due process rights, California or federal statutes, or California administrative rules. For example, you could argue that:
UNFORTUNATELY—in most cases, the process for raising such challenges will be too slow to provide you any relief before you have served the entire parole revocation sentence term. BUT You may still benefit by:
You can challenge a CDCR action or lack of action in these stages by filling out a CDCR Form 602 administrative appeal (see Appendix J, PG. 271 for copy of form) and submitting it to the CDCR’s parole agent.
Possible uses for a 602 appeal include challenging the CDCR’s decision to place a parole hold or find probable cause for a violation, asking for an attorney for the early stage of the revocation process, or challenging a delay by CDCR in filing a formal petition. [698]
There are two reasons for filing a CDCR Form 602 administrative appeal and re-filing it to the highest level necessary:
After completing any required administrative remedies, you can challenge a CDCR or BPH action or decision by filing a state court petition for a writ of habeas corpus. If the judge issues an “order to show cause,” it must appoint a free lawyer to represent you if you request one and show that you do not have enough money to pay for a private lawyer. [700] See Appendix K, PG. 274 for information on when and how to file a state court petition for a writ of habeas corpus .
For certain state convictions, the judge may sentence you to a form of county-level supervision as part (or all) of your sentence. This can happen in a few different ways:
Continue reading to learn more!
Probation is a suspended state prison or county jail sentence. [701] In other words, instead of doing the full amount of time in custody (in prison or jail), you can stay in the community under supervision and be required to follow certain rules and conditions. [702] The primary purpose of probation is rehabilitation. [703]
All probation sentences are different. However, there are some standard conditions that apply to most, if not all, people on county-level probation in California. If you have a disability, you should get certain accommodations on probation, so make sure you see PG. 180 to learn about requesting the accommodation(s) you need. Each county is responsible for running its own probation department, and each of these departments has its own specific rules.
The Realignment law (“AB 109”) fundamentally changed sentencing law and created new forms of community supervision in California. Because of prison overcrowding, the U.S. Supreme Court ordered California to reduce the number of people it was holding in state prisons. To do this, California decided to keep only people convicted of certain serious felonies in prison. For people convicted of felonies that are “non-serious” and “non-violent,” California transferred responsibility from the state prisons and parole board to the county jails and probation departments. This means that:
Here are the 4 types of community supervision after Realignment: (1) informal probation (also known as “summary” or “court” probation); (2) formal probation ; (3) post-release community supervision (PRCS) (new after Realignment) and (4) mandatory supervision (new after Realignment).
Here is a quick overview of the different types of supervision that are now under the control of county probation departments in California after Realignment:
Informal probation (also known as “summary” probation or “court” probation) is a type of supervision in which you are supervised by the court, and not by a probation officer. If you are convicted of a misdemeanor in California, you may be placed on informal probation. [708] Note: You may also end up on informal probation if, after you have spent a certain amount of time on formal probation, probation decides to lower your supervision level.
The County Superior Court.
Instructions for what to do when you first start your probation term will be different depending on what county you are being supervised in. The best thing to do when you are first placed on informal probation (whether you were in jail or not), is to call or visit your county probation department immediately to find out what requirements and instructions apply to you.
The length of your informal probation depends on what the court ordered, which usually depends on what county you are being supervised in. Under state law, your period of informal probation may last up to five years, but it is often less, depending on the county you were convicted in. [709] Each county sets its own mandatory minimum probation term (which can be as low as one year). Remember, every county in California operates differently. [710]
Possibly. California law allows you to ask the court to be released early from your informal probation term. [711] Some people are able to satisfy all of the conditions of their probation (all of the things the court orders you to do, such as attend counseling or pay restitution) before their probation term is up. For this reason, judges are often willing to release people from probation early. [712] The process is the same for asking a court to terminate your informal probation, formal probation, or mandatory supervision early. If the judge grants your request (called a “motion”) to end your informal probation early, then you might also be able to ask for certain convictions to be dismissed from your record! For more information on how to file a Motion for Early Termination of Probation, and how to request a dismissal of your eligible convictions, please see the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, beginning on PG. 915.
Once informal probation is ordered, the court will decide what conditions of probation to impose on you. Below is some general information to know about your conditions of probation.
Conditions set by the Criminal Court Judge:
The judge in the criminal court has a lot of freedom in determining the conditions of your informal probation, and can impose any reasonable conditions for the purposes of rehabilitation or to protect the community. [713] However, the court cannot impose a condition that is unreasonable or that does not properly take into consideration the circumstances of your case. [714] Informal probation conditions differ from offense to offense.
Some common examples of informal probation conditions are:
For example, if you are unemployed due to a disability, and unable to make restitution payments to the state, the court may order you to instead complete community service (Cal. Penal Code § 1202.4(n)). But if your probation is revoked, the court must impose restitution instead (Cal. Pen. Code § 1202.4(n)).
No. If you’re on informal probation, you’ll report to the County Superior Court. [720] The judge gets to decide how you will report and how often you will have to report. In some cases, the judge may ask you to appear in court for “progress reports” to make sure you are following the conditions of your probation. [721] In most cases, however, you will not actually have to appear in court; the court will monitor your progress through your attendance in required courses or treatment programs. But if you fail to attend these courses or programs, you may have to go to court to explain to the judge why. Make sure you contact the probation department in your county for a list of courses or treatment programs that the court recognizes and accepts.
When you go to court for a “progress report,” the judge will be checking to see if you are following the conditions of your probation. The judge will also ask you about your participation in any programs (e.g. AA meetings, anger management classes) that you were assigned as part of your probation.
It is important that you BRING DOCUMENTATION of any progress or positive steps that you’ve made toward fulfilling your probation conditions. For example, you should bring written proof of your attendance in court-ordered treatment programs, or of the number of hours of community service or public works service you have completed.
Under state law, you can ask the judge to modify (change) your probation terms AT ANY TIME. [722] This does not mean the judge will do so, but you can always ask!
“Good cause” means a reason that is persuasive enough to convince a judge that s/he should make an order.
To ask the judge to change a condition of your probation, you have to file a motion with the court that is monitoring your probation, asking that your probation conditions be modified. You must show why there is a good reason ( “good cause” ) for the judge to modify your conditions. Remember to bring all documentation of your progress with you to court (such as reports and attendance sheets from any courses you were required to take as part of your misdemeanor probation).
There is no standardized statewide form for requesting a modification of probation conditions, but some counties may have local forms for this purpose. You can contact the county Superior Court clerk’s office to find out if there is a local form for requesting a change. If not, you and your attorney will have to draft a motion. If you had a public defender assigned to your case, you can ask him or her to file a motion to modify your probation terms for you. If you had a private attorney but can no longer afford one, you may call the public defender’s office and ask if they will represent you in your attempt to change your probation conditions.
Before the judge can modify your conditions, the court must notify the prosecutor (the district attorney) in your case, and hold a hearing in which the prosecutor will have a chance to speak. [723] If the judge decides to change your conditions, he or she must state the reasons for doing so. [724]
For more information on the process for filing a motion to modify the conditions of your probation, see Appendix Y, PG. 305.
IF YOU ARE ASKING FOR THE CHANGE BECAUSE OF A DISABILITY:
If you are asking to change a condition because of a disability, you should explain why your disability makes it difficult for you to comply with your current probation conditions, and what changes (in conditions) or assistance (from the probation department or other services) you need to successfully complete your probation. For example, if you were ordered to perform public works service (like highway cleanup), but your disability prevents you from doing so, you may ask the judge at the local county superior court for a modification that allows you to do community service (like volunteering at the local public library) instead.
When you go to court, remember to BRING DOCUMENTATION OF YOUR DISABILITY and explain the reasons why your disability makes it difficult for you to follow the current conditions and rules of your probation.
The California Superior Court of the county in which you were convicted of a crime has jurisdiction (decision-making power) over your county-to-county probation transfer. [725]
A judge will decide whether your transfer is appropriate, and will look at:
Below is the process for one county’s probation department to submit a “notice of motion for transfer” in order to send your supervision to a different county’s probation department. [727] (Note, this process also applies to transferring Mandatory Supervision from one county to another.)
IMPORTANT: The same rules for transferring states apply to people on ANY type of state or county supervision. That means if you are on state parole, probation, PRCS, OR mandatory supervision—the process and rules to transfer your supervision to another state are the same. To read about interstate transfer, see PG. 211.
The rules and procedures for informal probation violations and revocation proceedings are the same as for formal probation. For more information, read more in the formal probation section on PG. 205 .
The main difference between formal and informal probation is that, unlike with informal probation, if you are on formal probation, you are assigned a probation officer.
Formal probation is a type of community supervision that is part of the original sentence handed down by a judge at trial, as an alternative to or in addition to incarceration, for most felonies (those that did not lead to prison time or supervision under PRCS or Mandatory Supervision) and some misdemeanor convictions. [728]
Formal probation reduces or eliminates the time you must spend in custody, and allows you to either remain in or return sooner to the community, so long as you follow your probation conditions. [729]
This means that some people never serve time in custody for their conviction, but instead are sentenced to formal supervision in the community, while other people are sentenced to some time in custody, plus formal supervision in the community afterward.
Depending on the circumstances, either the court (and the judge of that court) or a probation officer will monitor you to make sure you follow your probation conditions. [730] Generally, you must report to the probation officer once a month, although the judge could require you to report more or less often than that. [731] It is very important to remain in contact with your probation officer, or it could trigger a probation violation hearing. In some counties, your probation officer may allow you to report to them through a kiosk at a local probation office. [732]
IMPORTANT! How formal probation operates, and what services are available, varies from county to county. Ask your probation officer what is available to you in your county.
Instructions for what to do when you first start your probation term will be different depending on what county you are being supervised in. When you first get out, call or visit your county probation department immediately to find out what requirements and instructions apply to you.
Formal probation is typically imposed for a term of 3–5 years. [733] The length of your probation depends on what the court ordered, and that usually depends on what county you are being supervised in (since each county has some discretion to set the minimum length of formal probation within this range). [734]
Possibly. California law allows you to ask the court to be released early from your probation. [735] If you have completed all of the conditions of your probation (for example, paid all fines/fees, completed all counseling) and you are at least halfway through your probation term (for example, 1½ years through a 3-year probation term), you may be a good candidate to have your probation ended early. The process for terminating (ending) formal probation early is the same as the process for ending informal probation or Mandatory Supervision early. If your request (called a “Motion”) to end your formal probation early is granted by the judge, then you might also be able to ask for certain convictions to be dismissed from your record! For more information on how to file a Motion to Terminate Probation early, and also how to request dismissals of eligible convictions, please see the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, beginning on PG. 915.
IMPORTANT: It is important to know the conditions of your probation because, if you do not follow the terms and conditions of your formal probation, your probation could be revoked and you could:
There are some general/standard rules and conditions that apply to most (if not all) people on formal probation, BUT REMEMBER, EVERY COUNTY WILL HAVE DIFFERENT RULES AND CONDITIONS.
Formal probation will often include some of the following rules/ conditions: [739]
To challenge or try to change the conditions of probation, see the next question and answer.
Follow the outlined steps below to request a change (called a “modification”) in your probation terms: Start by contacting the Court Clerk at your local county superior court where you were convicted to ask if there is a local form. If not, you and your attorney will have to draft a motion. See Appendix Y, PG. 305 for more information. (Note: The process for requesting a change to informal probation conditions is the same as the process for requesting a change to formal probation conditions.)
It’s possible. The California Superior Court of the county that you were convicted of a crime in has jurisdiction (decision-making power) over county-to-county transfers for probation. [742]
When deciding whether transfer is appropriate, the judge will look at:
The rules and process for transferring your formal probation to another county are the same as the rules that apply to informal probation. [744] For more information on this process, see PG. 193.
IMPORTANT: The same rules for transferring states apply to people on ANY type of state or county supervision. That means if you are on state parole, probation, PRCS, OR mandatory supervision—the process and rules to transfer your supervision to another state are the same. To read about interstate transfer, see PG. 211.
See PG. 205 for the rules and procedures. Probation revocation proceedings are the same for informal probation (PG. 190), formal probation (PG. 194), and a newer form of supervision called “Mandatory Supervision” (PG. 202).
PRCS is run by your local county probation office and the rules vary from county to county across California. We have tried to provide information here that will be helpful to all as general rules and guidelines, but we encourage you to ask people in your particular county probation office about how PRCS operates locally, and what services or programs are available to you there.
In 2011, California’s “Realignment” Law (A.B. 109) created a new form of community supervision under which certain people leaving state prison are monitored by the probation departments of each county, instead of by state parole. This new form of supervision is called Post-Release Community Supervision (PRCS).
As of October 1, 2011, people who are released from state prisons for crimes that are non-violent, non-serious, AND non-sexual are placed on PRCS under the supervision of county probation officers. [745]
The following people will be released from state prison onto PRCS supervision:
IMPORTANT NOTE: If you were paroled from state prison before October 1, 2011, you will stay on parole, and not be placed on PRCS. However, if you are returned to the custody of state prison due to a parole revocation case, the CDCR will screen your case beginning at least 180 days before your calculated release date (see the next question about this timeline) to decide if you should be (1) returned to state parole or (2) placed on PRCS after serving the revocation term. [747]
The 3 nons—anyone convicted of the following offenses will be released onto state PAROLE, not PRCS:
Before you are released from prison, a correctional counselor will screen your case and decide whether to refer you to state parole or PRCS. [749] The correctional officer should start this screening process at least 180 days prior to your calculated release date. [750] The CDCR Form 611, “Release Program Study” (RPS) (see example in Appendix S, PG. 291) is used to determine if you will be eligible for PRCS after release. [751]
You must report to your County Probation Department for PRCS supervision within 2 working days after your release from state prison, court, or county jail. [752] Instructions for what to do when you first get out on PRCS vary from county to county. Please see Appendix Z on PG. 307 for some examples of the PRCS release process in a few California counties.
In most cases, you will be sent to the county of your last legal residence before you were incarcerated. [753] However, CDCR can send you to PRCS in a different county for various reasons, including victim safety concerns, to help you maintain family ties, or so you can benefit from work or educational programs. [754]
Please keep reading for more information on how to make a request to be sent to a different county other than the one you last legally lived in.
Yes. While you are in prison, you can request to be released on to PRCS in a different county than where CDCR has assigned you—which is typically the county of last legal residence. Please read the section on how to request a PRCS County Transfer, beginning on PG. 200.
PRCS can last a minimum of six months, and a maximum of 3 years. [755] Remember PRCS can end earlier if you do not violate any conditions of your PRCS. [756]
If at any time you abscond (go missing) or are otherwise unavailable for supervision, that amount of time will not count toward the total PRCS period. [757]
The county probation office may send special conditions to CDCR prior to release, but they must be related to your offense. So CDCR can make the PRCS conditions, and then the local county probation office can add to those conditions, if the new conditions are lawful.
It’s possible. If you have no violations of your PRCS, the county probation department that supervises you may discharge you after 6 consecutive months of no violations. [758] But early release from PRCS is discretionary—it’s up to the supervising agency to decide. Most individuals discharge from PRCS within 30 days after serving a continuous year without violations. [759]
You must comply with all of your conditions on PRCS. [760] The standard conditions include:
Yes—you should refer to your signed CDCR Form 1515, “Notice and Conditions of Parole” (see Appendix G, PG. 262 for an example of this form). [762]
If you do not sign the conditions while you are still incarcerated, the prison/jail staff will notify the county of your supervision, and you can be held in custody until you sign Form 1515 or until your credits expire. [763]
Yes. The legal standards for determining whether a PRCS condition is unlawful are generally the same as for parole conditions. [764] Please refer to, PG. 173 to understand what makes a PRCS or state parole condition lawful or unlawful.
The procedure will depend on whether the supervising agency (the county probation department) or the court made the decision, and when the challenge is being raised.
IF THE CONDITION WAS SET BY THE PROBATION OFFICER SUPERVISING YOUR PRCS: then you should complete any administrative appeal or grievance process that is available through Probation. If there is no administrative appeal process or the administrative appeal is unsuccessful, then you can file a state petition for a writ of habeas corpus in the local superior court. [765] See Appendix K PG. 274 to learn how to file a state petition for a writ of habeas corpus.
IF THE CONDITION WAS SET BY THE COURT JUDGE OR A COURT-APPOINTED HEARING OFFICER: then you should be able to proceed with a court challenge. It appears likely that a direct appeal can be filed under the statute that allows an appeal to be filed “from any order made after judgment, affecting the substantial rights of the party.” To appeal, you must file a notice of appeal in the superior court within 60 calendar days after the court’s decision.
When a timely notice of appeal is filed, the Superior Court will prepare a record of the parole revocation proceedings with all the documents filed in the court AND transcripts of the hearings, and will provide these documents to the Court of Appeal, the State, and to you (the parolee).
If the notice of appeal is not timely filed or if the issue involves information that is not in the court record, it might be possible to raise the issues in a state court habeas corpus petition.
IMPORTANT: Whether or not issues from your case can be raised on a habeas appeal can be a difficult subject to determine. For this reason, it is recommended that you seek help from a court-appointed attorney, if possible. Again, remember that if you wish to have a court-appointed attorney, you must file your notice of appeal within 60 calendar days after the court’s decision.
Please refer to Appendix K, on PG. 274 for more information on direct appeals and state habeas corpus petitions, including sample forms.
There are different types of consequences for not following (violating) the terms and conditions of your post-release community supervision (PRCS). These include:
California state law governs the process for transferring a person’s PRCS between counties. [770] Unlike with transfers of informal probation, PG. 190, formal probation, PG. 194, and Mandatory Supervision, PG. 202, [771] the Court does NOT have the authority to transfer a person’s PRCS. Instead, the PRCS transfer process is administrative, and happens directly from one county to another. [772] The internal policy of probation departments is to accept post-release transfers only, so once you are released, the process for transferring counties on PRCS is as follows:
IMPORTANT NOTE: Your supervising agency (the county probation department) is not required to transfer your PRCS to another county unless you have shown your ability to establish permanent residence within another county without violating the terms and conditions of your PRCS.
To verify that you live in the requested county, the county probation department will need proof of permanent residence. This may include:
Living somewhere only for employment or school, or living in a transitional housing or residential treatment facility, will not be considered a “permanent residence” for the purpose of transferring yourPRCS to another county. [776]
IMPORTANT: The same rules for transferring states apply to people on ANY type of state or county supervision. That means if you are on state parole, probation, PRCS, OR mandatory supervision—the process and rules to transfer your supervision to another state are the same. To read about interstate transfer, see PG. 211.
Yes. If you must respond to a PRCS violation petition, you have the right to a hearing in County Superior Court. [777]
Yes, at least in some cases—you have the right to a free court-appointed attorney if you cannot afford your own. [778] You can give up the right to an attorney and a hearing, admit the violation, and accept the proposed punishment, [779] but it’s suggested that you ALWAYS ask for an attorney and hearing.
If you are found to have violated the terms or conditions of your PRCS at a hearing, the judge, magistrate, or hearing officer can:
NOTE: If you are ordered to serve county jail time for a PRCS violation, you can earn 2 days of good conduct credits for every 2 days you actually serve. [782]
You can almost always challenge the judgment of a PRCS revocation hearing. [783] To appeal, you must file a notice of appeal in the county Superior Court within 60 calendar days after the court’s decision. [784]
After a timely notice of appeal is filed, the Superior Court will prepare a record of the PRCS revocation proceedings that includes all the documents filed in the court and transcripts of the hearings. The Superior Court must then provide these documents to (1) the Court of Appeal, (2) the State/ District Attorney (representing the Probation Department), and (3) you. In a direct appeal, the court of appeal must appoint an attorney to represent you for free if you don’t have enough money to pay for one. [785] In order to have a court-appointed attorney, you must file your notice of appeal within 60 calendar days after the court’s decision.
If the “notice of appeal” is not filed on time, or if the issue involves information that isn’t in the court record, then it might be possible to raise the issues in a state court habeas corpus petition (see Appendix K, PG. 274 to learn about the general process for filing one). This is not recommended unless (1) your notice of appeal wasn’t filed in time, or (2) the appeal involves information that the court has no record of.
If you receive a split sentence (jail and community supervision time), you could be placed on Mandatory Supervision after your release from county jail. California’s 2011 Realignment law (AB 109) has given criminal courts in California a legal tool called “split sentencing.” [786] Split sentencing allows a judge to split the time of a person’s sentence between a jail term and a period of supervision by a probation officer.
While Mandatory Supervision is not technically probation by law, it will feel the same—you will be supervised by a county probation officer, and it will feel a lot like probation in how the supervision functions. [787]
Please note: Mandatory Supervision is run by the counties and rules vary from county to county across California. We have tried to provide information here that will be helpful to all, but we encourage you to find out information from your particular county probation office about how Mandatory Supervision operates, and what services or programs are available to you there.
You are eligible for a “split sentence” and Mandatory Supervision if your felony conviction is for a non-violent, non-serious, non-sex offense (the “3 nons”) by law. [788]
You CANNOT get a “split sentence” if:
You must report to your County Probation Department for Mandatory Supervision within 2 working days after your release from state prison, court, or county jail. [790]
Other instructions for what to do when you first get out on Mandatory Supervision vary from county to county, and you should check with your local county’s probation office for a list of all the requirements.
It depends. The judge in the court that convicted you sets the term and length of mandatory supervision, and it is different for every person depending on what your conviction is for. BUT there are limitations. Split sentences cannot be longer than the maximum sentence possible for the conviction—meaning the total time you serve in custody (in jail) and supervision time (time on Mandatory Supervision) cannot be more than the maximum original sentence.
Possibly. California law allows you to ask the court to be released early from mandatory supervision. [791] It is entirely up to the judge to decide whether to terminate your mandatory supervision early. Since they are given so much discretion, some judges (and even some whole counties) are unwilling to let people off of mandatory supervision early, regardless of the person’s progress. Many judges see mandatory supervision as an alternative to incarcerating you for the whole time (that’s why it’s called “split sentencing” because the judge split your sentence between incarceration and being on mandatory supervision in the community), so for the most part they are less likely to end your mandatory supervision early as compared with probation.
We recommend that you speak with an attorney BEFORE filing a “Motion to Terminate Mandatory Supervision” early. If you go ahead with asking a judge to end your mandatory supervision early (such a request is called a “Motion”) and it is granted, then you might also be able to ask for certain convictions to be dismissed from your record! For more information on how to file a Motion to Terminate Probation early, and also how to request dismissals of eligible convictions, please see the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, PG. 915.
State law requires Mandatory Supervision to be supervised by a county probation officer with the same “terms, conditions, and procedures that apply to people on probation (such as submitting to drug testing).” [792]
Generally speaking, Probation Officers use routine office appointments, employment services and treatment program partnerships to ensure compliance with terms and conditions of probation.
No. There are no good time credits for the supervision portion of Mandatory Supervision. [793]
The rules and process for transferring your Mandatory Supervision to another county are the same as the rules that apply to informal and formal probation. [794] For more information on this process, see PG. 193.
IMPORTANT: The same rules for transferring states apply to people on ANY type of state or county supervision. That means if you are on state parole, probation, PRCS, OR mandatory supervision—the process and rules to transfer your supervision to another state are the same. To read about interstate transfer, see PG. 211.
Go to PG. 205 to learn about your rights during the probation violation and revocation process.
If you’re on Mandatory Supervision, the violation and revocation process works the same way as it does for informal probation and formal probation. [795] Please read the violation and revocations information on PG. 205, for a description of the law and how the process works.
The federal Americans with Disabilities Act (ADA) and California state law protect you against discrimination based on your disability, and protect your rights to equal treatment and reasonable accommodations.
If you are on probation (informal or formal), PRCS, or Mandatory Supervision [796] , you have the right to:
Unlike for state parole, there are no formal probation policies or procedures to request accommodations or file a complaint related to your disability. Each county does things differently, and many counties have no formal procedures. You can first talk to your probation officer and explain the situation to him/her OR you may ask a judge to modify your probation to accommodate your disability by filing a motion requesting a change. Please Appendix AA, on PG. 308, for detailed steps on the process.
The following questions and answers apply to most forms of county-level community supervision in California, including informal probation, formal probation, and Mandatory Supervision, but NOT Post-Release Community Supervision (PRCS).
The following probation revocation process applies to: (1) informal probation, (2) formal probation, and (3) Mandatory Supervision. [802]
If any probation officer, parole officer, or police officer has probable cause to believe that you are violating any term or condition of your supervision, the officer may re-arrest you (even without a warrant) and bring you before the court. [803]
This is the case so long as you are on probation—at any point until the time your probation terminates or your case is dismissed. Alternatively, the court may, in its own discretion, issue a warrant for your re-arrest. [804]
If you willfully miss a scheduled court date (“progress report”), this is considered a probation violation and the court will issue a bench warrant for your arrest. [805]
Yes, BUT not if you cannot afford to pay. If you do not pay restitution, your probation can be revoked. [806] But your probation will not be revoked due to a failure to pay restitution unless the court determines that: 1) you have the ability to pay, and 2) you willfully failed to pay. [807]
If you are on informal probation, formal probation, or Mandatory Supervision flash incarceration CANNOT be used as an intermediate sanction. Flash incarceration can ONLY be used for people on parole or PRCS. [808]
It depends. Bail amounts for probation violations vary from county to county. Bail amounts for probation violations may also depend on the type of offense you were convicted of, and whether you are on informal or formal probation. [809] If you have internet access, you can usually find standard felony and misdemeanor bail amounts for probation violations (also referred to as “bail schedules”) on your county Superior Court’s website, or call your county public defenders office to ask them about bail amounts for probation violations. [810]
The court can:
For full details on the court procedure and sentencing in probation revocation proceeding, please see PG. 205.
The court in the county in which you are supervised has “jurisdiction” (the legal authority) to hear the motion or petition to modify, revoke, or terminate you probation. [812]
For those on probation, it will be either the court in the county in which you are supervised or the court in the county in which the alleged violation of supervision occurred. [813]
Judges, magistrates, or court-appointed hearing officers hear probation revocation cases. [814]
Requires the court to find that more than half of the evidence at least 51% of it supports the charges or alleged probation violation.
The District Attorney (DA), on behalf of the state of California. [815]
The prosecutor, also known as the District Attorney (DA), must prove that is more likely than not that you violated probation. [816]
Unlike a criminal trial where the DA must prove the case “beyond a reasonable doubt,” the DA in a probation revocation hearing only needs to prove by a “preponderance of the evidence” that you violated probation. [817]
Yes, unless you waive the notice requirement in writing. [818]
You must be given notice before your first court appearance in the probation revocation proceedings, unless you agreed in writing to a modification (a change) or termination (an end) of a specific term of your supervision. [819]
If you agreed in writing to a modification or termination of a specific term of your supervision, you also do not have to make an in-person appearance in court for the hearing. [820] We suggest that you speak with an attorney or public defender prior to waiving your right to a revocation hearing.
Yes. [821] Before you waive the requirement to personally appear at the hearing or before you accept an offer of modification of your probation conditions, you should be informed that you have the right to an attorney, and if you cannot afford one, you have the right to a free attorney provided by the court. [822]
If you waive the right to an attorney, this waiver must be in writing. [823] Again, we suggest that you speak with an attorney or public defender prior to waiving your right to a revocation hearing.
There are minimal due process requirements for probation revocation proceedings. [824] This means that you don’t have all of the same rights that you have at trial. [825]
You have the following rights:
IMPORTANT: You may waive (give up) your rights, either expressly—by saying you give up the right, or by implication—by failing to assert the right. [837] Therefore, it is important that you take advantage of your rights and complain if a right is violated.
Yes. [838] You should note that the “exclusionary rule” that usually applies in a criminal court trial—a rule that bars evidence obtained in violation of the Fourth Amendment to the U.S. Constitution—does NOT apply in probation revocation hearings. This means that even if evidence was suppressed in an earlier criminal trial, it can still most likely be brought in to a later parole revocation hearing. [839]
Witnesses may not be required to testify in front of you if they are deemed fearful or confidential . [840]
If a very important (called “material”) state witness fails to attend a parole revocation hearing, and the hearing cannot fairly proceed without the witness, the court can postpone the hearing or dismiss the case. [843]
It depends on what your original conviction was for. When your probation is revoked and terminated, the court may—if the original sentence was suspended—now sentence you to jail for the longest period (the maximum sentence) that you could have originally been sentenced for the specific crime you were convicted of committing. [844]
It’s possible. You could be sentenced to prison time instead of jail time if the crime that you were originally convicted of is one that would have allowed a judge to sentence you to prison. [845] On the other hand, if the crime you were originally convicted of would not have allowed a judge to sentence you to prison time, then your probation revocation time cannot be sentenced to prison either .
What are the options the court has for sentencing/ punishment if they revoke probation? The judge could:
It depends. The length of time that you will be sentenced depends on what the judge ordered at the time you were sentenced. When you were initially sentenced to probation, the sentencing judge had the option of either ordering that the Execution of Sentence be Suspended (ESS) or ordering that the Imposition of Sentence be Suspended (ISS). Trying to figure out if the judge imposed ESS or ISS can be tricky. This is a complex area of law, so ask your lawyer if the judge ordered ESS or ISS. Here are the basics:
The ADA and California state law protect your rights during probation revocation proceedings. [848] In addition, you have a constitutional right to Due Process during a revocation hearing, [849] this means that the court must give you notice of and ensure that you can participate effectively in the hearing. (See PG. 206 above for more information on your Due Process rights during a probation revocation hearing).
If you have a disability, you have the following rights during probation revocation proceedings:
Yes. If you are on probation and would like to challenge a court’s revocation decision or related action, you can file a direct appeal on “any order made after judgment, affecting the substantial rights of the party.” [857]
STEP 1: To file an appeal, you must file a notice of appeal in the superior court within 60 calendar days after the court’s decision. [858]
STEP 2: When you file a timely notice of appeal, the County Superior will prepare a record of the probation revocation proceedings consisting of all the documents filed in the court and transcripts of the hearings and provide these documents to you, the court, the state (the prosecutor). In a direct appeal, the court must appoint an attorney to represent the you for free if you do not have enough money to pay for one. If you wish to have a court-appointed attorney, you must file a timely notice of appeal within 60 calendar days after the court’s decision. For a list of County Superior Courts, visit: http://www.courts.ca.gov/find-my-court.htm .
STEP 3: If you do not file a timely notice of appeal or if your case involves information outside the court record, then you may be able to raise the issues in a state court petition for a writ of habeas corpus (see explanation in Appendix K, on PG. 274).
There are many issues that you can raise in a challenge to a revocation proceeding or decision. Claims can be based on violations of state or federal constitutional due process rights, California or federal statutes, or California administrative rules. For example, a person could argue that the revocation hearing is being unreasonably delayed, that he or she was denied the right to cross-examine witnesses at the hearing, or that the revocation decision was not supported by the evidence. Unfortunately, in most cases, the process for raising such challenges will be too slow to provide any relief before you serve the entire revocation term. However, you may still benefit by getting your revocation case re-heard, getting revocations vacated, and/or getting the parole department to subtract the time served for the revocation from your parole “controlling discharge date” (CDD).
First, some background: The rules for transferring from one state to another when on state- or county-level supervision (such as parole, PRCS, mandatory supervision, or county probation) are are set by a legal agreement called the Interstate Compact for Adult Offender Supervision . [859] The Compact applies in all 50 states, Puerto Rico, and the U.S. Virgin Islands. [860] If you are classfied as a sex offender requesting transfer to a different state, special additional rules apply to you (see PG. 212).
If you are currently incarcerated:
At the earliest, California can send an interstate transfer request for you 120 days before your expected release date (ERD). [861] The receiving state should respond within 45 days of receiving the transfer request. [862] The process can be sped up in an emergency. [863]
If you are formerly incarcerated:
If you are living in the community, you may request to transfer your parole to a new state if you meet basic eligibility requirements (listed below under Step 1).
IMPORTANT NOTE: Even if you do not meet these requirements, California and the receiving state (the state you wish to transfer to) may agree to grant your request if they find “good cause” (a very good reason) to do so. [866]
WARNING: Special rules apply in a couple of situations: (1) if you must register as a sex offender (see next question), or (2) you are on state parole and still owe victim’s restitution. If you owe victim’s restitution, you are barred under California state law from transferring your parole to a different state [869]
Yes. If you are registered as a sex offender and want to transfer your state or county supervision (meaning state parole, PRCS, or county probation) to a different state, then In addition to the steps and rules listed in the previous question, the following special rules also apply to your transfer request :
We mentioned earlier that each state in the U.S. runs its own criminal justice system—including deciding criminal laws, methods of incarceration, and community supervision. In addition to each state running its own system, the federal government (which oversees all the states) has a separate system to prosecute federal offenses (including things like drug trafficking, human trafficking, immigration, national security, computer fraud, corporate “white-collar” crimes.) In the next two sections of the PAROLE & PROBATION CHAPTER, you will learn about the types of correctional supervision in the community that are RUN BY THE U.S. FEDERAL GOVERNMENT:
After you are convicted of a federal crime, federal probation is often used as an alternative sentence to prison time . [871] That means that federal “probation” is considered a sentence in itself. For the most part, if you are placed on federal probation, you must report to your assigned probation office and comply with all the terms and conditions (rules) of your federal probation. [872]
You must report to your probation officer within 72 hours (3 days), or sooner if a judge or U.S. Probation Officer orders you to do so. [873]
Read the written statement given to you by U.S. Probation for information on where, when, and to whom you should report. [874] If you cannot remember where you were supposed to report or have lost your written statement, you should report to the nearest U.S. Probation office and they will be able to help you. [875] To find the U.S. Probation office closest to you:
Sometimes the Federal Bureau of Prisons (BOP)—which oversees the federal prison system across the country—will release you to a transitional house (a “halfway house”), before you’ve reached your actual release date—usually 6 months ahead of time.
Before you leave federal prison, the prison staff will give you a “Notice of Release and Arrival” (Form BP-S714.056), which will clearly state the exact amount of time you are allowed for transportation from the prison to the transitional house. Once at the transitional house, you might be subject to a lockdown period (for example, a 72-hour lockdown period)—meaning you cannot leave for those days.
After being released from a transitional house, Federal Probation staff will give you another Notice of Release and Arrival (Form BP-S714.056). For some people on federal probation, that is the moment that the 72-hour clock for checking in with your Probation Officer begins. That form will also clearly state your home confinement date. The transitional house you are leasing in may have requirements you first have to meet to their satisfaction before you will be released to home confinement—usually on an ankle monitor until the 6 months are up.
IMPORTANT: If you were released from federal prison before October 26, 2016, and were given a Bureau of Prisons pre-paid debit card issued by Chase, you may be eligible for payment under a class action settlement. [876] To find out more information about the lawsuit, and determine whether you are owed money as a member of the class action, contact the Settlement Administrator at 1-888-280-6496.
The maximum term of probation that can be imposed depends on the type of conviction offense: [877]
Therefore, to know the range of time you could be sentenced to federal probation, you will need to know if you were convicted of a felony, misdemeanor, or infraction. If you aren’t sure, ask your federal public defender or your probation officer.
Possibly . You can ask for early release from federal probation from the judge who originally sentenced you.
The court has the power to decide whether or not to let you off probation early. In most cases, judges will deny requests to be let off probation early. But that doesn’t mean that you shouldn’t try, especially if you’ve done really well on your probation. And remember, it is really helpful if your Probation Officer supports your request.
You have the best shot of being let off of federal probation EARLY if:
It depends on the judge. Ultimately, the decision to end your federal probation early is up to the judge who originally sentenced you. To get off of federal probation early, you must show the judge that you have earned it through good conduct, and it must be in the interest of justice. [881] See Appendix EE, PG. 314 for more information.
Here is the full list of factors that the judge may consider in deciding whether to let you off probation early:
Yes, but only if you were not originally given the maximum term on federal probation that would be allowed by law. The judge may extend your probation at any time before the end of your sentence, but must give you a hearing before doing so. At that court hearing, the judge can make your probation term longer if he or she did not originally give you the maximum authorized term. [884]
A judge may extend your time on federal probation instead of sending you to jail if he or she finds you violated your conditions of probation (see PG. 216 which discusses conditions of federal probation). The maximum amount of time you’ll spend on federal probation supervision depends on whether you were convicted of a felony, misdemeanor, or infraction. Look at PG. 214 to figure out the maximum amount of time you could spend on federal probation.
Your conditions of federal probation are the rules set by the judge that you must follow if you want to remain in the community under supervision, and not be sent back to prison. These are called “release conditions”—they tell you what you can and can’t do in the community. These conditions are broken down into two types: (1) mandatory conditions and (2) discretionary conditions.
Examples include:
It is important for you to know what conditions you must follow on federal probation so that you don’t get into trouble or sent to prison for violating those rules.
Also: be sure to talk to your U.S. Probation Officer about how to get connected to any needed services or resources offered in your community. [885]
The judge must direct the probation officer to provide you with a written statement that explains all the conditions you must follow, and is clear and specific enough to guide your conduct under supervision. [886]
The conditions of supervision are also listed on the “Judgment in a Criminal Case” produced by the court after your sentencing hearing. Ask your attorney or the Clerk of the Court where you were sentenced for a copy of this document so that you can be sure of your obligations to the Court. Most judges will not excuse your failure to comply with the conditions of supervision simply because you did not receive a copy of the conditions. [887]
It depends. How often you must report to your probation officer varies widely based on the individual “supervision plan” developed for you by your probation officer. [888]
Some supervision plans require weekly meetings and even more frequent phone contact; for others, occasional or monthly contact is sufficient. Meetings may take place at the probation office, your home, or your workplace. [889] Probation officers sometimes make “surprise” visits. For this reason, it is important that you always inform your probation officer of any changes to your work schedule.
Federal law governs the mandatory conditions of federal probation (the law breaks it down into a list of mandatory conditions (required) and discretionary conditions (not required). [890]
If a judge wants to impose a discretionary condition, he or she MUST find that the condition reasonably relates to sentencing factors, [891] and is reasonably necess ary for the purposes of supervision. [892]
The only difference to note is that intermittent confinement may be imposed as a condition of probation during the first year of federal probation. Intermittent confinement means temporarily going into Bureau of Prisons (BOP) custody for a night, a weekend, or possibly for a longer period of time. [893]
The Court can completely remove or suspend this condition if your pre-sentence report (or other reliable sentencing information) indicated a low risk of future substance abuse.
The following conditions are mandatory and apply to EVERYONE on Federal Probation. (Note: These also apply to everyone on Supervised Release, see PG. 223.)
IMPORTANT NOTE: other mandatory conditions may apply depending on your commitment offense! See the next question.
The following are mandatory conditions that apply to ONLY CERTAIN people on Federal Probation, depending on your commitment offense.
> MANDATORY CONDITIONS if you were convicted of a felony:
You must also follow at least one of the following two conditions, as ordered by the judge:
EXCEPTIONS: You do not have to obey one of these two additional conditions if one of the following applies to you:
> MANDATORY CONDITION if you are required to register as a sex offender: [900]
You must comply with all the requirements of the Sex Offender Registration & Notification Act. [901]
For a discretionary condition to be lawful, the following must be true:
It must be “reasonably related” to the nature and circumstances of the offense, your personal history and characteristics, the need to protect the public from you committing future crimes, and the need to provide you educational or vocational training, medical care, or other correctional treatment; AND
It cannot deprive you of liberty (meaning, your ability to live your life freely without excessive restrictions) any more than “reasonably necessary” to deter future crimes, protect the public, and for the purpose of providing you with training and treatment. [902]
A judge may order discretionary conditions on your federal probation—but only if it meets this two-part legal standard.
Furthermore, discretionary conditions of federal probation can be thought of in two categories—(1) “standard conditions,” which are imposed in almost every person’s case (see note directly below), and (2) other discretionary conditions that may be added to you in particular (see the next question).
The list of “Standard Conditions” below—while technically discretionary (not required)— will be added by the judge in almost every case of federal probation (the same is true for Supervised Release, see PG. 223). These “standard conditions” will be IN ADDITION TO the general conditions of federal probation discussed on PG. 217 above. [903] For a full list, please see PG. 311. If you are on federal probation that means you will likely have to follow all of these rules.
To add a discretionary condition to your federal probation, the judge must find that that the conditions are reasonably related to the following factors:
Yes. The judge may change, reduce, or increase the conditions of a sentence of federal probation at any time before your probation term ends. [906] The judge may change or increase the conditions of your probation if you violate a condition of probation. In the best-case scenario—if you have not had any violations and you have fulfilled all probation requirements—the judge may end your probation early. [907] In the worst-case scenario, the judge may revoke your probation and sentence you to time in prison.
YES. If you think that a discretionary condition is illegal, then you can appeal the condition. F or a federal probation condition to be lawful :
Courts have emphasized that BOTH of these requirements must be met to impose a DISCRETIONARY CONDITION on you. [909] If you object to a special condition, it is the government’s responsibility (NOT yours) to show that the condition is legally justified. [910] We suggest that you speak with an attorney if you think a condition of your probation is illegal.
Within 14 days of your sentencing hearing, you must file a Notice of Appeal with the Clerk of the Court where you were convicted. [911] Once this occurs, you should contact the Federal Public Defender’s Office in your federal judicial district. For a list of Federal Public Defender’s Offices in California, visit: http://www.fd.org/docs/defender-contacts/federal-public-and-community-defender-directory.pdf?sfvrsn=9.
NOTE: The same rules and processes apply for challenging discretionary conditions of Supervised Release as for federal probation (refer back to PG. 106 for challenging conditions of federal probation.)
The same rules and processes for violations and revocations apply to both federal probation and Supervised Release. [912] Please jump to PG. 230 to learn more about violations and revocations.
If you have a disability and are under federal community supervision of any kind (federal probation, supervised release, or federal parole), go to PG. 247 below to learn about your rights.
IMPORTANT: This section on transfers applies to anyone who is on federal community supervision, such as federal probation, supervised release, or federal parole.
If you are currently incarcerated and preparing for your release:
You may be able to request a transfer to another district. The request must be submitted to your Case Manager with the Bureau of Prisons since you will not yet have a Probation Officer.
If you are formerly incarcerated and already release and living in the community:
The process depends on whether you are asking to move to a new residence within the same district OR to a new residence in a different district . Because federal supervision is based on districts, it is not a question of whether you are asking to move across state lines but, instead, whether you are asking to move into a different district. The Interstate Compact on Adult Offender Supervision (ICAOS) does not apply to federal supervision. In a nutshell, it’s easier to move within the same district than to move to a new one. The steps below outline both possibilities:
POSSIBILITY #1: If you are moving to a new residence within your current district, it’s suggested that you follow these steps:
Your request is much more likely to be approved if you have a good track record – clean drug tests, always going to your meetings with your Probation Officer, staying out of trouble with law enforcement.
POSSIBILITY #2: If you are moving to a new residence outside of your current U.S. Probation District, it’s suggested that you follow these steps:
This technically keeps your case in the original district, but allows you to live in and travel to the district of your choice. Your probation officer AND the probation officer of the other district have to agree. After doing this, it is much easier to transfer to the courtesy district than to just transfer from one district to another without “courtesy supervision” being set up first.
Tell your Probation Officer that you want to change your address, and submit that address and the contact information for anyone else living at that address. You must get permission from your Probation Officer to move to a new address in a different U.S. Probation District.
The Transfer Investigation generally takes 30 days or longer, since both your current district and the new district must investigate your new proposed address and approve the transfer. As part of the “Transfer Investigation,” a Probation Officer in the receiving District will:
The receiving district can deny your request to transfer/move for any reason. The sending district where you are currently supervised must wait for a response before it can act to transfer your supervision. [914]
IMPORTANT: Some districts have hard and fast rules about certain offenses—for example, that they won’t accept people with sex offenses, or the receiving district will require a more intense investigation of that person.
Most U.S. Probation Districts have some internal criteria for analyzing requests to transfer into their District. The following are factors that will likely work in your favor if you can show these to your Probation Officer:
Most U.S. Probation Districts have some internal criteria for analyzing requests to transfer into their District. The following are factors that will make it less likely that your request to move or transfer districts is approved:
Maybe. Sometimes a U.S. Probation Officer will give someone permission to move while an investigation is pending.
For example, you may be allowed to move before an official approval of your transfer request if:
You should inform your Probation Officer and request a travel permit while the “Transfer Investigation” and approval are still pending. But please be aware, if the new district completes its “Transfer Investigation” and denies the transfer request for any reason , you would be required to move back to the original sending district. [915] If you do not move back, you will be violating the Court’s Order to follow the directions of the Probation Officer. If the court finds you were not following the directions of your Probation Officer, it can revoke your supervision and send you to prison.
Yes. If your request to move/transfer has been denied by your current probation officer, you can ask to speak with a Supervising U.S. Probation Officer. However, it is often the case that the request has already gone through a supervisor, and has been denied with the supervisor’s approval. Other times, a request to move/transfer will be conditionally denied, meaning you could get your request approved later on if you do the things asked of you, like finding a safer home to move to, securing a firmer job offer, finding a different family member to connect with in the new place, etc. [916]
It depends. If the family member or person you want to move in with lives in subsidized housing, there might be federal, state, or local laws that restrict someone on federal probation or Supervised Release from moving into the residence. It may depend on what your conviction was for. To avoid putting that person’s government- assisted housing subsidy at risk, refer to the HOUSING CHAPTER, beginning on PG. 328, to learn more about how your criminal record or supervision status might affect where you can live.
Some historical background: In 1984, as part of the Sentencing Reform Act (“SRA”) that created the federal sentencing guidelines system, Congress got rid of federal parole and created Supervised Release.
Supervised release is overseen by Federal District Courts with the assistance of federal probation officers. [917] The judge can sentence you to a term of supervised release in addition to a prison sentence . [918] In other words, a term of supervised release does not replace any time you are sentenced to prison; rather, a judge orders supervised release in addition to any term in prison you may serve. [919] In some cases, the judge that sentences you is actually required by law to impose a term of supervised release in addition to a prison term. [920] It’s common today for a federal sentence to include a period of time in prison, followed by a period of time in the community on supervised release.
Federal Probation: Federal probation is a substitute for incarceration, meaning that probation is ordered instead of incarceration. Supervised release: Supervised release is ordered in addition to incarceration. This means that after you are released from prison, you may be placed on supervised release. Note that people on federal probation and supervised release usually have to follow the same or similar rules.
Generally, you must report to your probation officer within 72 hours (3 days) of release, or sooner if a judge or a U.S. Probation Officer orders you to do so. [921] It is very important to read the written statement given to you by U.S. Probation for information on where, when, and to whom you should report. [922]
Supervised Release can be up to 5 years, with a few exceptions discussed below. [923] The length is determined by the “Class” of crime for which you were convicted. [924] Find out which “Class” of crime you were convicted of (for example, a Class A Felony, Class B Felony, Class A Misdemeanor, etc.), and see the chart in the Appendix HH, PG. 319, for more information on calculating the length of your time on Supervised Release.
Despite the lengths of Supervised Release listed above, the term length may be up to life if you committed:
Possibly. You can ask for an early termination of supervised release from the judge who originally sentenced you. You are eligible to be released early after one year of supervised release. [925] Talk to your U.S. Probation Officer about this request first, because he or she can help you ask the judge for this.
The court has the power to decide whether or not to let you off supervised release early. In most cases, judges will deny requests to be let off supervised release early. But that doesn’t mean that you shouldn’t try, especially if you’ve done really well on your supervised release. And remember, it is really helpful if your Probation Officer supports your request.
You have the best shot of being let of supervised release early if:
It depends on the judge. Ultimately, the decision to end your supervised release early is up to the judge who originally sentenced you. To get off of supervised release early, you must show the judge that you have earned it through good conduct, and it must be in the interests of justice. [927]
Here is the full list of factors that the judge may consider when deciding whether to let you off supervised release early:
Your conditions of Supervised Release are rules set by the judge that you must follow if you want to remain in the community under supervision and not end up back in prison. These are called “release conditions”—and tell you what you can and can’t do in the community.
EXAMPLE of release conditions include:
It is important for you to know what conditions you must follow on Supervised Release so that you don’t get into trouble or sent back to prison for violating those rules. Also, be sure to talk to your U.S. Probation Officer about how to get connected to any needed services or resources offered in your community. [930]
Federal law governs the mandatory conditions of Supervised Release (the law breaks it down by a list of mandatory conditions (required) and discretionary conditions (not required). [931]
The court must direct the probation officer to provide you with a written statement that explains all the conditions you must follow, and is clear and specific enough to guide your conduct under supervision. [932]
The conditions of supervision are also listed on the Judgment in a Criminal Case produced by the Court after your sentencing hearing. Ask your attorney or the Clerk of the Court for a copy of this document so that you can be sure of your obligations to the Court. Most Judges will not excuse your failure to comply with the conditions of supervision simply because you did not receive a copy of the conditions. [933]
It depends. How often you must report to your probation officer varies widely based on the individual “supervision plan” developed for you by your probation officer. [934]
Some supervision plans require weekly meetings and even more frequent phone contact; for others, occasional or monthly contact is sufficient. Meetings may take place at the probation office, your home, or your workplace. [935] Probation officers sometimes make “surprise” visits. For this reason, it is important that you always inform your probation officer of any changes to your work schedule.
The following conditions are mandatory and apply to EVERYONE on Supervised Release. [936] (Note: These also apply to everyone on Federal Probation, see PG. 217).
IMPORTANT NOTE: Other mandatory conditions may apply depending on your commitment offense!!! See below:
The following are mandatory conditions that apply to ONLY CERTAIN people on Supervised Release, depending on your commitment offense.
> MANDATORY CONDITIONS if you were convicted of a felony:
You must also follow at least one of the following two conditions, as ordered by the judge:
EXCEPTIONS: You do not have to obey one of these two additional conditions if one of the following applies to you:
> MANDATORY CONDITION if you are required to register as a sex offender: [943]
You must comply with all the requirements of the Sex Offender Registration & Notification Act. [944]
> MANDATORY CONDITION if you were convicted of a domestic violence crime for the FIRST time: [945]
You must attend an offender rehabilitation program that has been approved by the court—in consultation with a State Coalition Against Domestic Violence or other appropriate experts—so long as an approved program is readily available within a 50-mile radius of your legal residence. [946]
Most likely, yes. The U.S. Sentencing Commission recommends that the “Standard Conditions” be applied to everyone on Supervised Release (this is the same as for Federal Probation conditions, discussed earlier on PG. 217), [947] See the question “WHAT DISCRETIONARY CONDITIONS WILL I HAVE TO FOLLOW ON SUPERVISED RELEASE?” on PG. 227 for more information.
To add a discretionary condition to your Supervised Release, the judge must find that that the conditions are reasonably related to the following factors:
Furthermore, if the additional discretionary conditions deprive you of liberty or property , the judge must find that the conditions are reasonably necessary to:
If a judge is going to impose a special condition, then both of the following requirements must be met:
If you object to the discretionary condition, it is the federal government’s burden to show that the discretionary condition is justified. [950]
These are the same legal standards and rules that applied to setting discretionary conditions for people on federal probation (see below for information about discretionary conditions).
If the above legal standards are met (refer to the last two questions), the judge may order discretionary conditions on your Supervised Release. These can be thought of in two categories— standard conditions , which are imposed in almost every case (see Appendix CC, PG. 311), and other discretionary conditions that may be added (see Appendix DD, PG. 224).
STANDARD CONDITIONS— The list of “Standard Conditions”—while technically discretionary (not required)— are added by the judge in almost every case of Supervised Release (and federal probation), as recommended by the U.S. Sentencing Commission, the agency that oversees federal sentencing guidelines. [951]
You will likely be ordered to follow most if not all of the following rules (conditions): [952]
If the above legal standards are met (refer to PG. 219), the judge may order additional discretionary conditions on your Supervised Release. As discussed, the Standard Conditions listed on PG. 311 above are almost always added. For a full list of discretionary conditions that may be added see Appendix DD, PG. 312):
Yes. A judge may change, reduce, or increase your conditions before your Supervised Release term ends. [953] A probation officer can also change your conditions of Supervised Release.
Changes in conditions (called “modifications”) usually happen because you got in trouble with your probation officer (for example, you tested dirty on a drug test), or you didn’t follow a condition of your Supervised Release. In this type of situation, the probation officer will usually ask a judge to change your conditions, often with the consent of your attorney, to get an order for you to do something (for example, to get an order that you go into in-patient, residential substance abuse treatment).
PRACTICE TIP—AN ATTORNEY CAN HELP YOU: It’s been suggested that it is sometimes easier to work out any changes to your conditions of supervised release directly with your probation officer, rather than go before a judge. To protect yourself in this type of situation, it is best to “invoke your right to counsel”—meaning ask for an attorney to represent you—and then you can communicate with your attorney who will work something out with the probation officer or represent you before the judge if the issue ends up going back to court. [954]
WARNING: Sometimes a U.S. probation officer will ask you to waive (give up) your right to an attorney and submit to a change of your conditions of Supervised Release (called a “modification”). [955] You may be asked (directly or indirectly) to give up your right to an attorney. You should NOT give up this right. You should “invoke your right to counsel instead,” and ask for an attorney. If you do not agree to changes in the conditions of your Supervised Release, then any changes will require the same justification as conditions imposed during the original sentencing hearing. [956]
Within 14 days of your sentencing hearing, you must file a Notice of Appeal with the Clerk of the Court where you were convicted. [957] Once this occurs, you should contact the Federal Public Defender’s Office in your federal judicial district. . For a list of Federal Public Defender’s Offices in California, visit: http://www.fd.org/docs/defender-contacts/federal-public-and-community-defender-directory.pdf?sfvrsn=9.
A discretionary condition on your Supervised Release may be imposed only if it:
Courts have emphasized that BOTH of these requirements must be satisfied in order to impose a special condition. [960] Moreover, in the event of an objection, it is the government’s burden to show that the condition is justified. [961]
NOTE: The rules and processes for challenging discretionary conditions of Supervised Release are the same as those that apply to that apply to Federal Probation (refer back to PG. 219 for information on challenging discretionary conditions of federal probation.)
The same rules and procedures for transferring and moving residences apply to all forms of federal supervision. See the full discussion above on PG. 219.
The same rules and processes for violations and revocations apply to both federal probation and Supervised Release. [962] Read this section if you are on either of these two types of federal supervision and have questions about violations and revocations.
It is a violation of your Federal Probation or Supervised Release (SR) if you break any law or disobey any condition of your post-release supervision. Read about conditions of Federal Probation (PG. 216) and Supervised Release (PG. 224) above.
If your probation officer thinks you have broken one of your conditions of supervision, you may be charged with a violation. [963]
No, your probation officer cannot send you back to prison, but it is part of the officer’s job to tell the court about a violation of your conditions. The judge at court, however, usually CAN send you back to prison.
FOR A FEDERAL PROBATION VIOLATION : If the judge finds that you violated a condition of Federal Probation, it may:
FOR A SUPERVISED RELEASE VIOLATION : If the judge finds that you violated a condition of Supervised Release, it may:
For both Federal Probation and Supervised Release, revocation and additional time sentenced to prison are mandatory if the violation is one of the following:
If one of the above situations occurs, then your probation officer or the prosecutor will have to file a violation notice, telling the judge that they think you have violated. [973]
All violations of the law are also violations of your conditions of supervision. [974] Essentially, the law treats a new criminal conviction as two wrongs: (1) Disobeying the federal court by violating a condition of your supervision, AND (2) Whatever you did to break the law. [975] If you get arrested on state or federal charges while on federal probation or Supervised Release, you will probably be violated in federal court.
A NOTE ABOUT SENTENCING WHEN THERE IS ANOTHER PENDING CRIMINAL CASE AGAINST YOU FOR THE SAME OFFENSE: Your sentence for the violation of your federal probation or Supervised Release will be SEPARATE from whatever sentence you might get in the other criminal case, and will probably FOLLOW your sentence for the new criminal conviction (in other words, these sentences will follow one after the other).
If you had an Assistant Federal Defender before, that same attorney will probably represent you in the revocation process. In some cases you may get a different attorney from the same office. If you had a private lawyer but can no longer afford to pay, the court must appoint a lawyer for you.
When there’s an allegation that you violated your federal probation or Supervised Release, revocation proceedings will usually begin. The law and rules that govern these revocation hearings can be found in the Federal Rules of Criminal Procedure, Section 32.1. [976] There will be a series of steps that you will follow in a revocation hearing, from appearing in front of a Magistrate Judge, to attending a Probable Cause Hearing, and finally attending a Revocation Hearing. The steps below are a general outline of the revocation process, and possible outcomes:
Whenever someone is first taken into federal custody or has been cited/summoned to federal court, he or she has an initial appearance before a Magistrate Judge. This appearance allows the Court to advise you of the charges, set a preliminary hearing date (unless waived or you are out of custody) and direct you to the District Judge presiding over your case.
NOTE: If you are arrested outside of the federal district that has jurisdiction over your case (usually the place where you are being officially supervised), then you have additional rights at this Initial Appearance stage. First, you have the right to an “Identity Hearing,” where the government must show only that you are the person named in the warrant for arrest, not that you actually committed the crime. Second, you have the right to receive a reliable certified electronic COPY of the original revocation petition that was filed (this right to receive a copy of the revocation petition is called “Arrival of Process”). [977]
Know Your Rights! If you are held in custody for an alleged violation of your federal probation or Supervised Release, then you have the following rights:
IMPORTANT NOTE ABOUT PENDING CRIMINAL CHARGES AGAINST YOU & THE REVOCATION PROCESS: Unless your lawyer advises you otherwise, do not admit a violation that’s based on pending criminal charges until the pending charges are resolved. Admitting to criminal conduct during the revocation hearing in federal court could then be used against you in your pending criminal case. It’s best to consult with your attorney to figure out what to do in your situation.
You have the right to a revocation hearing before a District Judge within a reasonable time in the district that has decision-making power (called “jurisdiction”) over your case [983]
IMPORTANT NOTE: The laws about revocation sentencing are confusing and difficult to figure out on your own! You have the right to lawyer if you can’t afford one, and it’s best to ask your attorney to walk through your specific situation and help you understand what the judge can sentence you to if your federal probation or Supervised Release is revoked.
The chart shown below on PG. 233 is important because this period determines the maximum amount of time you can be sent to prison for violating the terms and conditions of your Supervised Release.
For example, assume you have been convicted of a Class A felony and receive 5 years of Supervised Release. Then, let’s say, you violate the terms and conditions of your supervision. The judge may, but is not required to, sentence you to four years in prison. [988] If the judge were to do that, you could only be placed on supervision for one additional year. However, if you were to violate your supervision again, the judge could sentence you up to the maximum available term of imprisonment (which is 5 years), but could not impose any additional supervision. [989] This could result in you serving nine years in prison on revocations when the original term of supervision was only 5 years.
EXCEPTIONS: Offenses committed on or before April 30, 2003:
There are special rules, however, if you committed the offense of conviction on or before April 30, 2003. Assume the same situation as described above: you’re convicted of a Class A felony, sentenced to prison with five years of Supervised Release. Upon your first revocation, you are sentenced four years in prison and one year of Supervised Release. If you violated your Supervised Release again, you can only be sentenced to one year in prison (meaning that the difference between the total term of Supervised Release available by statute for that offense minus the amount of prison imposed during any previous revocation(s)). This is different than the first scenario when the judge could impose a five-year term on a second revocation after imposing a four-year term on the first revocation.
REVOCATION SENTENCING GUIDELINES:
In addition to the statute governing the maximum terms of supervision, judges must consider the United States Sentencing Guidelines in determining your sentence upon revocation. [990] The recommended sentence is based on (1) the Grade of Violation, (2) your Criminal History Category at the time of your original conviction, and (3) the Class of your original conviction.
This chart outlines Congress’ recommended terms of imprisonment upon revocation:
(IN MONTHS OF IMPRISONMENT)
|
Grade of Violation |
Criminal History Category* |
|||||
|
I |
II |
III |
IV |
V |
VI |
|
|
Grade C |
3-9 |
4-10 |
5-11 |
6-12 |
7-13 |
8-14 |
|
Grade B |
4-10 |
6-12 |
8-14 |
12-18 |
18-24 |
21-27 |
|
Grade A |
12-18 |
15-21 |
18-24 |
24-30 |
30-37 |
33-41 |
However, if you were on probation or supervised release as a result of a sentence for a Class A felony, the Congress’ recommendation looks like this:
|
Grade of Violation |
Criminal History Category* |
|||||
|
I |
II |
III |
IV |
V |
VI |
|
|
Grade A |
24-30 |
27-33 |
30-37 |
37-46 |
46-57 |
51-63 |
Although these are only recommendations for the judge, the judge must consider them first when rendering a decision.
It depends. The appellate court (which is the court above the district court) that made the decision will have the authority to hear the case, unless you have already completed your time on supervision. In that case, appellate courts have held that they don’t have authority to hear the case, because your have already completed your sentence, and have no “injury” that the court can fix. [991]
The judge who is reviewing your revocation case will look at different aspects using different legal standards.
Unless a violation is for drug or firearm possession, which requires revocation , a district court judge’s decision to revoke your federal probation or Supervised Release will be reviewed by the higher-up appellate judge for “abuse of discretion.” [992] This means, the judge reviewing your case will only grant you an appeal if they found that the district court judge below them actually mishandled your case—by acting unreasonably or incorrectly applying the law.
The higher-up appellate judge who is reviewing your case can also review the LAW that was applied by the district court judge below as if the questions were being asked for the first time. In other words, the reviewing judge can freshly make his or her own judgment about whether the lower court correctly applied the law (this is called a “de novo” review). [993]
If there were any FACTUAL ERRORS made in your case, the appellate judge will view those for “clear error.” [994] This means that the court will not find a factual error unless all the evidence together shows a mistake was made. [995] However, if you fail to object to an argument or a fact, then the judge in the appeals court may review the case under the “plain error” standard—a harder burden for you to meet (this means that the appeals court has to find that the error is extremely unjust or unfair).
Again, the SENTENCE that you received at the revocation hearing will be reviewed for reasonableness, which means that the higher-up appellate judge looks to see if the judge at the district court below abused his or her discretion in making a decision in the case, by mishandling the case (acting unreasonably or incorrectly applying the law) . [996]
If you have a disability and are under federal community supervision of any kind (including federal probation, supervised release, or federal parole), please go to PG. 247 to learn about your rights.
The Sentencing Reform Act of 1984 eliminated federal parole for most people convicted of a federal crime. Now, instead of defendant’s serving an indeterminate sentence (i.e., one where a parole board determines how much of the Judge’s sentence you serve), all federal defendants serve 85% of his or her sentence. This is much like “mandatory release” discussed below. See the information on “RELEASE PLANNING” at Appendix II, PG. 320. In light of the Sentencing Reform Act, only a few groups of individuals are serving a federal parole sentences.
Federal parole now applies only to individuals who were:
Federal U.S. Probation offices and officers are responsible for overseeing and administering federal parole. [998] U.S. Probation Officers provide parole services as request of the USPC. Thus, U.S. probation officers function as parole officers and supervise people on federal parole and mandatory release. [999]
There are several steps you will follow in planning for your release from federal prison onto federal parole. These will include creating a release plan, creating a plan for payment of restitution and fines, investigation of your plan, and release. Please see the Appendix II, PG. 320 to find out more.
Once you have a release date from the U.S. Parole Commission (USPC), you must complete a satisfactory plan for parole supervision to actually get released. If the release plan is NOT approved, your release may be delayed regardless of the date the USPC had set when it first granted your parole.
The Regional Commissioner of the USPC may change your date of release (earlier or later) onto parole to allow more time for release planning. At most, the Regional Commissioner can delay your release onto parole for 120 days; otherwise, you have the right to a hearing if the Regional Commissioner wants to push back your release date more than 120 days. [1000]
Generally, you are required to have the following included in your release plan:
Your release onto parole might also be delayed if you still owe court-ordered fines or restitution. [1002] When you still have fines or restitution to pay, a reasonable plan for payment, or a performance of services, if ordered by the court, will be included in your parole release plan, where feasible. [1003]
Your U.S. Probation Officer will do an investigation to make sure that the person’s release plan is appropriate. This investigation will start with the probation officer asking you questions about your release plan. The probation officer will then follow up and verify your answers. For example, if you told the probation officer that your approved residence did not have any persons with a felony record, the probation officer will follow-up to make sure this is true.
After the Parole Commission approves your release plan, and a U.S. Probation Officer completes an investigation, you will be released on the date set by the Parole Commission (unless there is misconduct or some other reason leading to a change in the date).
If you don’t sign the certificate of release, one of the two following things could happen:
If you have been granted a parole date and you refuse to sign the certificate of release (or any other document necessary to fulfill a condition of release), the USPC will treat your refusal as a withdrawal of your application for parole, effective on the date of your refusal. You will not be released on parole and you will have to reapply for parole consideration.
If you are scheduled for release to supervision through good-time deduction and you refuse to sign the certificate of release, you will be released but you still must follow the conditions listed on the certificate of release, or risk violation and revocation (see Appendix GG, PG. 316). [1004]
Usually, yes. In most instances, you will be released to parole in the U.S. Judicial District of your legal residence, or in the U.S. Judicial District where you were convicted of the federal offense. [1005]
THERE IS ONE EXCEPTION: if the U.S. Parole Commission decides that your chances of success on parole will be better in another community, or believes it would serve “the public interest,” it can order you be paroled to a different District. [1006]
If you are never granted parole during your prison sentence, you will be released through “Mandatory Release” (unless you have forfeited all your statutory “good time credits”). The institution’s officials set your Mandatory Release date by calculating how much statutory “good time” credit you have a legal right to, and how much extra “good time” is earned.
The law states that if you are entitled to Mandatory Release, you must “be treated as if released on parole” and are “subject to all provisions of the law relating to the parole of United States prisoners until the expiration of the maximum term or terms for which [you were] sentenced, less 180 days.” What this really means is that you should have a release plan (see question above) as if you were going out on parole. You will also be supervised by a U.S. Probation Officer as if on federal parole until 180 days before the end date of your sentence —so long as you don’t violate the conditions of your mandatory release, in which case the U.S. Parole Commission (USPC) can hold you under supervision until the original full term date of the sentence.
Yes, it is possible, but rare. If you are NOT paroled and have less than 180 days left on your original sentence when you are released, you will be released without supervision . However, if a “special parole term” is being served, supervision will end at the full term date, and this 180-day date does not apply.
US. Probation Officers function as parole officers and provide supervision to persons released on parole or on mandatory release. [1007]
State and local corrections officials frequently violate the 48-hour limitation by continuing to hold individuals beyond the period allowed by regulation, raising constitutional concerns. Detainers have resulted in the illegal imprisonment of many people—including U.S. citizens, lawful permanent residents, without any charges pending, sometimes for days or weeks after they should have been released from custody.
An ICE detainer is a written request by immigration officials to a local jail or other law enforcement agency that the agency detain an individual for an additional 48 hours (excluding weekends and holidays) after his or her release date so that ICE officials can decide whether to take the individual into federal custody and begin formal deportation proceedings.
A “detainer”—or “immigration hold”—is one of the key tools U.S. Immigration and Customs Enforcement (ICE) uses to apprehend individuals who come in contact with local and state law enforcement agencies and put them into the federal immigration, and often times, deportation system.
Even if you have a detainer against you , the USPC may still grant you release onto federal parole if you meet the other criteria in 28 C.F.R. § 2.18. The presence of a detainer is not in itself a valid reason for the denial of parole. [1012]
When a State or local detainer is outstanding against a prisoner whom the USPC wishes to parole, the Commission may order either of the following:
For more information on the immigration consequences of a criminal records and a discussion of record cleaning options see PG. 980 in the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD chapter.
You will be on parole and under the supervision of a U.S. Probation Officer until the maximum expiration date of the sentence (for offenses committed before April 11, 1987), unless the Commission ends your supervision earlier.
IMPORTANT NOTE: Your time on federal parole runs at the same time as any other Federal, State, or local sentence to supervision. [1014]
Possibly. Read about when and how you can ask to be released from federal parole early.
It is VERY difficult to have a “very good risk” determination for the SFS. This is because the score sheet is written to be nearly impossible for someone to every have that good of a score. To have a VG (Very Good) you have to have 10 -8 SFS, which is very hard given that you lose a point just for being on parole. The scorecard is very “stacked” against the parolee. not.
The Parole Commission must consider the following guidelines, which indicate that your federal parole should be ended early:
However, the USPC may disregard the outcome indicated by the 2 guidelines above based on case–specific factors, including:
Yes. [1026] You can appeal to the National Appeals Board. [1027] However, the National Appeals Board does not often reverse the decision of the Parole Commission, unless an error was made. There are several steps to challenge the Parole Commission’s decision not to let you off federal parole early. Please see the Appendix JJ, PG. 321 for full details on each step.
NOTE: If you want to appeal a decision denying your parole on the date of parole eligibility, you instead need to submit a “petition of reconsideration” to the USPC. [1028]
OTHER REQUIREMENTS OF YOUR APPEAL:
If you’re appeal doesn’t meet these requirements, the USPC may return it to you, in which case have 30 additional days from the date the appeal is returned to submit an appeal that meets the above requirements.
LEGAL GROUNDS FOR YOUR APPEAL CAN INCLUDE:
You can provide additional information for the USPC to consider in an addendum to your original appeal. An addendum is when you have new or additional information you would like to give to USPC, but you have already turned in your application. You can send the new information to USPC with a note that you would like to attach the new information as an “addendum.” You can attach exhibits (photos, documents that help your case, etc.) to your appeal, but the exhibits shouldn’t be copies of documents that the USPC already has.
There are a lot of general and additional conditions that it is important to follow! Here is an overview of all the general conditions, and you should also be aware of any special conditions that might apply to you. [1032]
Under the federal law that governs federal parole, if you end up being arrested for an incident that police questioned you about (or any other incident), you must tell your probation officer. It could help to show the USPC that you are being honest with your P.O. and trying hard to comply.
Additional Conditions that Prohibit Certain Conduct:
Additional Conditions You Must Follow:
Yes, if you get permission from your Probation Officer and/or the Parole Commission first. [1036]
If the U.S. Parole Commission determines that it is necessary to protect the public from further crimes and to provide adequate supervision over you , it may impose a special condition other than one of the general conditions above. Examples of special conditions of release that the Commission might require of you are found at 28 C.F.R. § 2.204(b)(2), and include the following possible requirements:
Yes. [1042] Federal law allows the U.S. Parole Commission to require you to go into a halfway house or undergo treatment for drug or alcohol for all or part of the time under supervision. In most cases, you will be notified in advance and may submit comments about that proposal to the Parole Commission before the final decision is made. [1043]
No—almost never. Except in very rare situations, federal law forbids anyone who has ever been convicted of a felony from possessing firearms or ammunition. Generally, you will not be permitted to own or possess a firearm or ammunition. [1044]
Yes. If you believe the conditions on your Certificate of Release are unfair, you may ask the Case Manager for an appeal form and submit it to the Regional Commissioner within 30 days after your release. The U.S. Parole Commission will consider the appeal and you will be notified of the decision within 21 days after you file your appeal. While the appeal is pending, the parolee must continue to abide by the conditions imposed. [1045]
Yes. The Probation Officer or the U.S. Parole Commission may propose changing or adding to your conditions of federal parole. You will be notified of any such proposal and be given up to 10 days to make any written comments to the U.S. Parole Commission. You will be notified within 21 days after you provide written comments. [1046]
STEP 1: Ask your U.S. Probation Officer for a form to make comments.
STEP 2: You may write directly to the Commission (with a copy to your Probation Officer) if you want to have any of the conditions changed or deleted. [1047]
The same rules and procedures for transferring and moving residences apply to all forms of federal supervision. See the full discussion above on PG. 219.
The Probation Officer's recommendation is one of the factors considered by the Commission in its decision. [1048]
At this stage of the process, there are two reasons why the USPC might wait to issue an arrest warrant or a hearing summons:
Only a Parole Commissioner may issue a warrant or a summons for a violation of the conditions of your release on federal parole. [1050]
Any officer of any Federal correctional institution or any Federal officer authorized to execute the warrant will do so by returning you to the custody of the Attorney General. [1051]
You must be served with a summons to appear at a preliminary interview or revocation hearing by a Federal officer who is authorized to serve you, and proof of such service shall be returned to the appropriate regional office of the USPC. [1052]
This is the general process of what happens:
At the beginning of the preliminary interview, the interviewing officer must :
Just because an interviewing officer finds “probable cause” to believe you violated your parole, does not mean that your parole has been revoked. It just means that there is reason to believe you did what the warrant says you did—you will still have a chance to be reinstated at your Final Revocation Hearing. “Probable cause” is a very low standard, meaning an interviewing officer will most likely find “probable cause,” but you can still be reinstated at your Final Revocation Hearing.
Yes. You have the right to an attorney of your choice, or you may request to have the court appoint you an attorney if you can’t afford your own. [1067]
You do not have a constitutional right to have an attorney at your parole revocation hearing, but you will most likely qualify for an attorney if you cannot afford one. [1068] You should apply for an attorney with the District Court in your judicial district. It is your responsibility to tell your lawyer the time and place of the hearing. [1069]
It depends. If you were picked up on an arrest warrant issued by the USPC, you will be held in custody until a final decision about your revocation or release.
The only exception is if the Regional Commissioner orders otherwise, but this is not likely. If you received a summons to a revocation hearing (under 28 C.F.R. § 2.44), you will remain on supervision pending the decision of the Commission. [1070]
The revocation hearing will be either (1) an institutional hearing OR (2) a local hearing.
If a local revocation hearing is requested, the you must complete a request form. There is a penalty for false answers on this form. Local revocation hearings are generally held within 60 days from the date the Regional Commissioner finds “probable cause” that parole or mandatory release was violated. [1071] If granted, your local revocation hearing will be scheduled to happen reasonably near the place of the alleged violation(s) or arrest.
A NOTE ABOUT GETTING SUPPORT FROM A LAWYER: At a local revocation hearing, you are more likely to have a lawyer and you can request that all adverse witnesses be called so you can confront and cross-examine them. In order to get a local revocation hearing, you and your attorney must (1) deny all the charges and (2) request a local revocation hearing.
A local revocation hearing must be within 60 days of the probable cause determination. Institutional revocation must be held within 90 days of the date the warrant was executed, when you were taken into custody. However, you can request postponement or consent to a postponed revocation proceeding. [1072]
You do not have the right to appointed counsel, but may secure an attorney at your own expense. NOTE: The attorney can act only in the capacity of a representative. [1073]
The purpose is to determine whether you have violated the conditions of your release and, if so, whether your parole or mandatory release should be (1) revoked (taken away) or (2) reinstated (where you continue on parole as you were). [1074] To get more information about how to prepare for the hearing, please see the Appendix KK, PG. 322
If the USPC finds after a revocation hearing that you:
If the Parole Commission finds by a “preponderance of the evidence,” (that it is more likely than not) that you violated a condition of the parole, the Commission may take any of the following actions:
OR
In determining whether to revoke parole for not paying a fine, restitution, court costs or assessment, and/or court-ordered child support or alimony payment that was a condition of your release on supervision, the U.S. Parole Commission must consider your employment status, earning ability, financial resources, and any other special circumstances that may have a bearing on the matter . Revocation shall not be ordered unless you are found to be deliberately evading or refusing compliance. [1078] (Learn more about court-ordered debt in the COURT-ORDERED DEBT CHAPTER, beginning on PG. 650).
Generally, if you are convicted of a new law violation , you are entitled to credit for any of the time spent under supervision unless serving a Youth Corrections Act (YCA) or Narcotics Addiction Rehabilitation Act (NARA) commitment.
Also, there is no credit given for any time a parolee intentionally failed to respond or report to a Probation Officer or after a parolee has absconded from his or her area and the Probation Officer did not know where he or she was living. For violation of any of the other noncriminal conditions, a parolee generally will be credited for all of the time spent under supervision in the community. [1079]
The U.S. Parole Commission uses its own guidelines to determine the length of time you should serve in prison for the revocation. The guidelines are the same ones used for inmates who apply for their initial parole hearings. Decisions, of course, can be made above or below the guidelines for good cause (a good reason). [1080]
Yes. It’s the same process discussed above (PG. 239) for appealing a denial of early release from parole to the National Appeals Board. [1081] The U.S. Attorney General can also appeal a Regional Parole Commissioner’s decision.
The Attorney General, within 30 days after entry of a Regional Commissioner's decision, may send a written request to the National Appeals Board to review the decision. Within 60 days of the receipt of the request the National Appeals Board must affirm, modify, or reverse the decision, or order a rehearing at the institutional or regional level, and send a written decision to the Attorney General and to you. [1082]
If the Commission finds out you were convicted of a new crime after your revocation hearing for something you did while you were on parole, the Regional Commissioner may reopen your case pursuant to § 2.52(c)(2) for a special reconsideration hearing on the next regularly scheduled docket to consider whether you should give up your time spent on parole or any other consequence that he may think is appropriate. If he decides to change something, this new ruling will replace the ruling you got at your hearing. [1083]
Section 504 of the Rehabilitation Act of 1973 protects individuals on federal probation/federal parole from discrimination due to their disabilities. [1084]
The Rehabilitation Act provides essentially the same protections as the Americans with Disabilities Act (ADA), including the right to reasonable changes in policies, rules, and conditions; equal opportunity to participate in programs, services, and benefits; and additional assistance (services or devices) so that you can participate in programs and activities related to your supervision. [1085]
Thus, federal probation staff must offer you the same types of accommodations and services discussed for state parole under “State Parole: Disabilities and the ADA,” see PG. 180.
Unfortunately, there are no special procedures or forms to seek accommodations for your disability, or to complain about overly restrictive conditions under federal supervision. There are several steps you can take to try and rectify the situation.
STEP 1: If your disability makes it difficult to comply with your federal probation or parole conditions, or your conditions are overly strict and cause you harm due to your disability, the first thing to do is talk with your U.S. probation officer. [1086] You should explain:
STEP 2: If you are unhappy with your probation officer’s decision, you can ask a supervisor for assistance. If the probation department does not provide the assistance you need, you can go to court to request a change in your supervision conditions or other accommodations. [1088]
STEP 3: You have the right to file an administrative complaint with the Department of Justice, which will investigate and attempt to resolve cases of discrimination based on disability, including a hearing and appeal process. [1089] Note, however that this process can take a long time to complete, so it’s best as a last resort.
Being under some type of supervision is usually required for you to be released from prison or jail. In California, there are many types of supervision—state parole, county probation, Mandatory Supervision, PRCS, federal probation, Supervised, and federal parole. Hopefully now that you’ve read this Chapter, you better understand what it means to be under supervision, what special rules you have to follow, and all of the rights you have as a person in reentry.
In the PAROLE & PROBATION CHAPTER, you learned about:
Most parolees can be discharged from parole early if they successfully complete a certain amount of parole time and the BPH does not find good cause to retain them on parole. [1101] This is called the “presumptive discharge date” (PDD). If a parolee fits into more than one category, the longer period applies.
(Excerpted with slight modifications from Prison Law Office, The Parolee Rights Handbook, August 2013, available for download on their website at: http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf )
FOR PEOPLE ON STATE PAROLE:
How Is the Parole Discharge Date Calculated?
A parolee who is not serving life-long parole and who is retained past the “presumptive discharge date” can calculate when he or she must be discharged from parole. There are two important dates: the “controlling discharge date” (CDD) and the “maximum discharge date” (MDD). The CDD is the date that a parolee is currently set to be discharged from parole if nothing changes. The MDD is the maximum parole term as set by statute, after which the parolee must be discharged.
Two types of events may change the CDD and MDD:
The pieces of information a parolee needs to figure out his or her CDD and MDD are: (1) the initial parole date; (2) the base and maximum parole terms that apply to his or her case (see Section 16.A, above); (3) how much time he or she has been unavailable for supervision, if any; and (4) the amount of time he or she has served in custody on parole violations.
Here is a calculation worksheet that can be used by any parolee, with an example of a calculation for a parolee named Joe who is serving a three-year parole term with a maximum term of four years following a determinate sentence for a non-serious, non-violent, non-sex offense.
Worksheet
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Start with the date the parolee was first paroled. For our example, Joe paroled on January 1, 2013. |
1/1/2013 |
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Add the amount of time the parolee must serve before a presumptive discharge review. Joe has a presumptive discharge date of six months plus 30 days, and was eligible for early discharge on July 1, 2013. |
7/1/2013 |
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However, the BPH acted to retain Joe on parole, so his CDD will be set by his full statutory base parole period. Joe has a three-year base parole period, so his CDD is January 1, 2016. Joe has a statutory maximum parole term of four years, so his MDD is January 1, 2017. |
1/1/2016 (CDD) 1/1/2017 (MDD) |
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Joe absconded from parole, and the “clock” on his parole term stopped running during that time. This extends both the CDD and the MDD. Joe absconded for three months, so his CDD is now April 1, 2016, and his MDD is now April 1, 2017. |
4/1/2016 (CDD) 4/1/2017 (MDD) |
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Joe also violated parole and served a parole revocation term in custody. This extends the CDD but only until the MDD is reached. Joe’s revocation term was 180 days, but he only served 90 days in jail because he behaved well and got good conduct credits. Thus, 90 days is added to his CDD, which is now July 1, 2016. The revocation time does not affect Joe’s MDD, which is still April 1, 2017. |
7/1/2016 (CDD) 4/1/2017 (MDD) |
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Joe violated parole two more times and got two more 180-day revocation terms (360 days total); while he was in jail, Joe got into fights and refused to work, so he did not get any good conduct credits. The time Joe spends in jail extends his CDD but does not affect his MDD. Also, since a CDD cannot be further in the future than an MDD, Joe has “maxed out” and will be discharged on April 1, 2017. |
4/1/2017 (CDD) 4/1/2017 (MDD) |
IMPORTANT: if your parole length seems wrong, you can challenge it (it’s a similar process to challenging a parole condition). See PG. 173 above for more information.
Based on which parole (DAPO) region your parole office is located, you should send any appeals (602s, etc.) to that parole region’s Regional Appeals Coordinator. There are now only two parole regions in California.
NORTHERN REGION PAROLE:
Laurie Harikian, Region I Appeals Coordinator
Region I Headquarters
9825 Goethe Road, Ste. 200
Sacramento, CA 95827-2572
Phone: 916-255-2758
SOUTHERN REGION PAROLE:
Christopher Hernandez, Southern Region Appeals Coordinator
Southern Region Parole Headquarters
21015 Pathfinder Road Ste. 200
Diamond Bar, CA 91765
Phone: 909-468-2300
(b) Notwithstanding any provision to the contrary in Article 3 (commencing with Section 3040) of this chapter, the following shall apply to any inmate subject to Section 3000.08:
(1) In the case of any inmate sentenced under Section 1168 for a crime committed prior to July 1, 2013, the period of parole shall not exceed five years in the case of an inmate imprisoned for any offense other than first or second degree murder for which the inmate has received a life sentence, and shall not exceed three years in the case of any other inmate, unless in either case the Board of Parole Hearings for good cause waives parole and discharges the inmate from custody of the department. This subdivision shall also be applicable to inmates who committed crimes prior to July 1, 1977, to the extent specified in Section 1170.2. In the case of any inmate sentenced under Section 1168 for a crime committed on or after July 1, 2013, the period of parole shall not exceed five years in the case of an inmate imprisoned for any offense other than first or second degree murder for which the inmate has received a life sentence, and shall not exceed three years in the case of any other inmate, unless in either case the department for good cause waives parole and discharges the inmate from custody of the department.
(2)
(A) For a crime committed prior to July 1, 2013, at the expiration of a term of imprisonment of one year and one day, or a term of imprisonment imposed pursuant to Section 1170 or at the expiration of a term reduced pursuant to Section 2931 or 2933, if applicable, the inmate shall be released on parole for a period not exceeding three years, except that any inmate sentenced for an offense specified in paragraph (3), (4), (5), (6),(11), or (18) of subdivision (c) of Section 667.5 shall be released on parole for a period not exceeding 10 years, unless a longer period of parole is specified in Section 3000.1.
(B) For a crime committed on or after July 1, 2013, at the expiration of a term of imprisonment of one year and one day, or a term of imprisonment imposed pursuant to Section 1170 or at the expiration of a term reduced pursuant to Section 2931 or 2933, if applicable, the inmate shall be released on parole for a period of three years, except that any inmate sentenced for an offense specified in paragraph (3), (4), (5), (6), (11), or (18) of subdivision (c) of Section 667.5 shall be released on parole for a period of 10 years, unless a longer period of parole is specified in Section 3000.1.
(3) Notwithstanding paragraphs (1) and (2), in the case of any offense for which the inmate has received a life sentence pursuant to subdivision (b) of Section 209, with the intent to commit a specified sex offense, or Section 667.51, 667.61, or 667.71, the period of parole shall be 10 years, unless a longer period of parole is specified in Section 3000.1.
(4)
(A) Notwithstanding paragraphs (1) to (3), inclusive, in the case of a person convicted of and required to register as a sex offender for the commission of an offense specified inspection 261, 262, 264.1, 286, 288a, paragraph (1) of subdivision (b) of Section 288,Section 288.5, or 289, in which one or more of the victims of the offense was a child under 14 years of age, the period of parole shall be 20 years and six months unless the board, for good cause, determines that the person will be retained on parole. The board shall make a written record of this determination and transmit a copy of it to the parolee.
(B) In the event of a retention on parole, the parolee shall be entitled to a review by the board each year thereafter.
(C) There shall be a board hearing consistent with the procedures set forth in Sections 3041.5 and 3041.7 within 12 months of the date of any revocation of parole to consider the release of the inmate on parole, and notwithstanding the provisions of paragraph (3) of subdivision (b) of Section 3041.5, there shall be annual parole consideration hearings thereafter, unless the person is released or otherwise ineligible for parole release. The panel or board shall release the person within one year of the date of the revocation unless it determines that the circumstances and gravity of the parole violation are such that consideration of the public safety requires a lengthier period of incarceration or unless there is a new prison commitment following a conviction.
(D) The provisions of Section 3042 shall not apply to any hearing held pursuant to this subdivision.
(5)
(A) The Board of Parole Hearings shall consider the request of any inmate whose commitment offense occurred prior to July 1, 2013, regarding the length of his or her parole and the conditions thereof.
(B) For an inmate whose commitment offense occurred on or after July 1, 2013, except for those inmates described in Section 3000.1, the department shall consider the request of the inmate regarding the length of his or her parole and the conditions thereof. For those inmates described in Section 3000.1, the Board of Parole Hearings shall consider the request of the inmate regarding the length of his or her parole and the conditions thereof.
(6) Upon successful completion of parole, or at the end of the maximum statutory period of parole specified for the inmate under paragraph (1), (2), (3), or (4), as the case may be, whichever is earlier, the inmate shall be discharged from custody. The date of the maximum statutory period of parole under this subdivision and paragraphs (1), (2), (3), and (4) shall be computed from the date of initial parole and shall be a period chronologically determined. Time during which parole is suspended because the prisoner has absconded or has been returned to custody as a parole violator shall not be credited toward any period of parole unless the prisoner is found not guilty of the parole violation. However, the period of parole is subject to the following:
(A) Except as provided in Section 3064, in no case may a prisoner subject to three years on parole be retained under parole supervision or in custody for a period longer than four years from the date of his or her initial parole.
(B) Except as provided in Section 3064, in no case may a prisoner subject to five years on parole be retained under parole supervision or in custody for a period longer than seven years from the date of his or her initial parole.
(C) Except as provided in Section 3064, in no case may a prisoner subject to 10 years on parole be retained under parole supervision or in custody for a period longer than 15 years from the date of his or her initial parole.
(7) The Department of Corrections and Rehabilitation shall meet with each inmate at least 30 days prior to his or her good time release date and shall provide, under guidelines specified by the parole authority or the department, whichever is applicable, the conditions of parole and the length of parole up to the maximum period of time provided by law. The inmate has the right to reconsideration of the length of parole and conditions thereof by the department or the parole authority, whichever is applicable. The Department of Corrections and Rehabilitation or the board may impose as a condition of parole that a prisoner make payments on the prisoner's outstanding restitution fines or orders imposed pursuant to subdivision (a) or (c) of Section 13967 of the Government Code, as operative prior to September 28, 1994, or subdivision (b) or (f) of Section 1202.4.
(8) For purposes of this chapter, and except as otherwise described in this section, the board shall be considered the parole authority.
(9)
(A) On and after July 1, 2013, the sole authority to issue warrants for the return to actual custody of any state prisoner released on parole rests with the court pursuant to Section 1203.2, except for any escaped state prisoner or any state prisoner released prior to his or her scheduled release date who should be returned to custody, and Section 5054.1 shall apply.
(B) Notwithstanding subparagraph (A), any warrant issued by the Board of Parole Hearings prior to July 1, 2013, shall remain in full force and effect until the warrant is served or it is recalled by the board. All prisoners on parole arrested pursuant to a warrant issued by the board shall be subject to a review by the board prior to the department filing a petition with the court to revoke the parole of the petitioner.
(10) It is the intent of the Legislature that efforts be made with respect to persons who are subject to Section 290.011 who are on parole to engage them in treatment.
(a)
(1) In the case of any inmate sentenced under Section 1168 for any offense of first or second degree murder with a maximum term of life imprisonment, the period of parole, if parole is granted, shall be the remainder of the inmate's life.
(2) Notwithstanding any other law, in the case of any inmate sentenced to a life term under subdivision (b) of Section 209, if that offense was committed with the intent to commit a specified sexual offense, Section 269 or 288.7, subdivision (c) of Section 667.51, Section 667.71 in which one or more of the victims of the offense was a child under 14 years of age, or subdivision (j), ( l ), or (m) of Section 667.61, the period of parole, if parole is granted, shall be the remainder of the inmate's life.
(b) Notwithstanding any other law, when any person referred to in paragraph (1) of subdivision (a) has been released on parole from the state prison, and has been on parole continuously for seven years in the case of any person imprisoned for first degree murder, and five years in the case of any person imprisoned for second degree murder, since release from confinement, the board shall, within 30 days, discharge that person from parole, unless the board, for good cause, determines that the person will be retained on parole. The board shall make a written record of its determination and transmit a copy of it to the parolee.
(c) In the event of a retention on parole pursuant to subdivision (b), the parolee shall be entitled to a review by the board each year thereafter.
(d) There shall be a hearing as provided in Sections 3041.5 and 3041.7 within 12 months of the date of any revocation of parole of a person referred to in subdivision (a) to consider the release of the inmate on parole and, notwithstanding paragraph (3) of subdivision (b) of Section 3041.5, there shall be annual parole consideration hearings thereafter, unless the person is released or otherwise ineligible for parole release. The panel or board shall release the person within one year of the date of the revocation unless it determines that the circumstances and gravity of the parole violation are such that consideration of the public safety requires a more lengthy period of incarceration or unless there is a new prison commitment following a conviction.
(e) The provisions of Section 3042 shall not apply to any hearing held pursuant to this section.
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Once you have gone through the entire 602 appeal process by filing your grievance with the appropriate agency OR if you’ve exhausted administrative remedies because CDCR/Parole didn’t get back to you on an appeal within the legal timeline require by law, you may then file a state-level petition for a writ of habeas corpus. A habeas corpus petition can be based on any rights guaranteed by the federal or state constitutions, statutes, or regulations.
Through a habeas corpus petition, a state parolee (just like a state prisoner challenging conditions of his/her confinement) can ask a court to order “injunctive relief,” meaning that the court will order prison or parole officials to do something or to stop doing something. For example, a court could order parole officials to drop an invalid parole condition or fix a parole term length miscalculation.
There is no deadline or time limit on when you can file a habeas petition. But keep in mind that, the longer you wait, the more you should be prepared to explain in detail, to the court, why you didn’t file the petition sooner. [1103] You can only file a habeas petition if you have “exhausted” (meaning that you completed or gone through) all other administrative remedies. You exhaust the administrative remedies by completing the three levels of the appeals process discussed on PG. 173.
You must file your habeas petition while you are still under some form of custody or parole. At the time you file your habeas petition, you must currently be affected by the condition that you are appealing. If you are no longer suffering from the condition that you are appealing, the court will likely dismiss your habeas petition. [1104]
Here are the steps you should take to prepare your habeas petition:
Your petition should include a Judicial Council MC-275 form. You can access this form at: http://www.courts.ca.gov/documents/mc275.pdf .
In addition to the MC-275 form, you must include the following information in your habeas petition:
Identify the type of custody you are under (i.e. you are on parole) and the person who supervises you (your parole office and CDCR)
Name a “respondent” (meaning the opposing party) in your case. If you are on parole, the respondent is the Director of CDCR.
Describe why your current parole conditions are illegal (i.e. your parole term length has been miscalculated)
State whether you have filed any previous court actions about the illegal condition
Verify (swear that you are telling the truth) the statements you’ve made in your petition
Include any supporting documents, such as sworn declarations by witnesses with your petition
If you want to ask the court to appoint an attorney to your case, you should file a “Declaration of Indigence” and “Request for Appointment of Counsel.”
For a sample habeas petition, please visit: http://www.prisonlaw.com/pdfs/STATEHABEAS2008.pdf
Usually, you should file your habeas petition with the Superior Court of the county that you are on parole in. [1105] You can file your petition by mailing it to the Superior Court clerk. Remember: any time you file documents with the superior court clerk, you should include an extra copy of the cover page along with a self-addressed stamped envelope so that the clerk can send you a copy with the date of filing and your case number.
If the court determines that you case should proceed, you will have to “serve” the opposing party. Serving the opposing party means that you will have to send CDCR a copy of your petition along with a “Proof of Service” form that verifies that you have served the document.
You can request an attorney by filing a “Declaration of Indigency” and “Request for Appointment of Counsel.”
The judge must act within 60 days from the day you file your petition. [1106] Note: Unless the court orders an Order to Show Cause (OSC), you do not have the right to an attorney. But if the court does issue an OSC, it must appoint an attorney to your case if you cannot afford one. See below for more information on OSCs.
The judge at the state court may take the following actions in response to your petition:
Deny your petition: If the court denies your petition, it must explain the reasons why it is denying your petition
Request an informal response from the respondent (the opposing party): If the court thinks your case may have merit, but the court still wants more information prior to taking any actions, the court can ask both parties to submit informal briefings. Your reply can be as simple as a letter back to the court (you must also serve the opposing party with a copy of your response). Your response will be due 15 days after the date that the court requested an informal response (unless the court specifies another due date). [1107]
Issue an “Order to Show Cause”: This will require the opposing party (called the “respondent”) to file an explanation why the court should not grant your petition.
If the court decides that your case has merit (meaning the court decides your case can go forward because you have a valid argument), then the court will issue an OSC. An OSC directs the respondent (opposing party) to state any legal or factual reasons why the petitioner (you) should not be granted his or her request.
The respondent (opposing party) must file a response, called a “return,” explaining reasons why your petition should not be granted. The respondent usually has 30 days to file a return. [1108]
Once the respondent files their “return,” you should file a “Denial and Exception to the Return.” In your Denial (also called a “traverse”), you should deny any and all false allegations made by the respondent in the return. You usually have 30 days to file your Denial with the court and serve the opposing party.
After the respondent files a “Return” and you file your “Denial,” the court has 30 days to decide whether or not to order an evidentiary hearing. The court only has to grant a hearing if it thinks there is a reasonable likelihood that you may be entitled to relief. If you are granted a hearing, both you and the opposing party will have the opportunity to present evidence.
At the end of the hearing, the court will decide whether or not to grant you the request made in your habeas petition.
If the court decides not to grant an evidentiary hearing, then the court will decide whether or not to grant your habeas appeal based off: your petition, the respondent’s Return, and your Denial. If the court did not order a hearing, then it has 30 days after you filed your Denial to decide whether or not to grant your petition.
If the court grants your petition, the respondent has the right to appeal within 60 days of the court’s ruling. If the respondent does appeal , he or she can request that the court’s order be “stayed”—meaning that it does not take effect while the appeal is pending. If the respondent does appeal, your case will next be heard by the Court of Appeal.
If the Superior Court denies your appeal, you to not have the right to appeal. But, you can, however, file a new appeal with the Court of Appeal, following the same process as discussed above.
If the Court of Appeal denies your petition, you can ask the California Supreme Court to her your case. You can do this by filing a petition for review with the California Supreme Court. If you file a petition for review, the entire record from your appeal in the Court of Appeal will be send to the Supreme Court. You also have the option of filing a new petition for a writ of habeas corpus with the Supreme Court—filing a new petition will start the process over again, and the record from your appeal at the Court of Appeal will not be included in your petition.
If the California Supreme Court denies your petition, and your case involves any federal legal issues, you can file a new petition with the United States Supreme Court.
For more information on how to file and appeal habeas petitions, please visit: http://www.prisonlaw.com/pdfs/STATEHABEAS2008.pdf .
You must meet the four basic eligibility requirements to transfer to another state that apply to all people, AND you must meet additional requirements that are specific to people classified as sex offenders. [1109]
The four basic eligibility requirements for anyone to transfer their supervision to another state are:
IMPORTANT NOTE: You cannot leave until the state receiving your application has approved the transfer request or issued reporting instructions.
Follow these steps to request the transfer to a new state:
STEP 1: Discuss your desire to transfer to a different state with your parole or probation officer.
STEP 2: Satisfy the four basic eligibility criteria listed above. It’s up to the sending state to decide if you are eligible and can be approved for a transfer request.
STEP 3: Complete an Application for Transfer.
STEP 4: The sending state must send the state receiving your application the following:
STEP 5: The state receiving the application has 5 business days to review the proposed residence. If the proposed residence is not acceptable due to existing state law or policy, the receiving state may deny the application. No travel permit can be granted by the sending state until the receiving state says it can. [1112]
STEP 6: A travel permit will be given to you by your parole or probation officer if the receiving state has approved the new residence. Travel permits are issued by the local probation or parole office, so each office uses a different form. Your parole or probation should give you this form once you have been approved by the Interstate Commission for Adult Offender Supervision (ICAOS). [1113]
* Chart comes from the Interstate Commission for Adult Offender Supervision, http://www.interstatecompact.org/Portals/0/library/legal/ICAOS_ProcessOverview.pdf
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WARNING: It is very important to understand that there are many different types of formal probation programs that vary from county to county in California. [1114]
Fresno County:
Butte County:
In Butte County, there are different types of formal probation supervision units. Examples:
WARNING: There are some standard conditions that apply to most (if not all) individuals placed on probation, [1117] but instructions for what to do when you first start your probation term will vary depending on what county you are being supervised in. You should call or visit your county probation department immediately to find out what the requirements and instructions apply to you.
For example only, below you can find a few county probation offices’ reporting instructions:
San Francisco County’s Instructions: [1118]
STEP 1: You need to contact the Probation Department as soon as you are released from custody. If you are released after 5:00pm, please contact the Department the next day. We open our offices at 8:00am and close at 5:00pm. Main phone number is: (415) 553-1706.
STEP 2: When you contact the Department you will need to provide our support staff with your full name and date of birth. If you have your court number, please provide it too. Our support staff will be able to give you the name and phone number of your assigned probation officer.
STEP 3: Your probation officer will schedule an appointment to meet with you. Please, make sure to keep your appointment and be on time. If you cannot make your appointment, you must call the day before to re-schedule.
STEP 4: Most likely than not the Court would have ordered for you to attend a counseling or rehabilitation program. You along with your officer will choose which programs better meet your needs. It is important that you contact the program and arrange for an intake session.
STEP 5: Stay out of trouble! We know you’re facing a lot of challenges and difficulties getting your life back together, but if you need help or support, call your officer before you do something that put you back in jail.
Los Angeles County’s Instructions: [1119]
STEP 1 : If you were just released from county jail or the court, following your sentencing, and you were ordered by the Court to report to the Probation Department for supervision, you need to report within 48 hours or within the time frame ordered by the court.
STEP 2: When you report to the Probation office, tell the receptionist that you were just recently released from jail, or referred from Court, and you need your orientation instructions. [1120]
Here is a list of important documents to bring to your probation orientation in L.A. County:
Ventura County’s Instructions: [1121]
STEP 1: Upon being placed on formal probation (and immediately upon release from custody when on probation), you must immediately report to 800 South Victoria Avenue, Ventura, California, at the Pre-Trial Detention Facility (Sheriff’s Building), Room A, second floor. Bring to probation your current address, phone numbers, and all relevant contact information
STEP 2: Your assigned probation officer will contact you via mail or phone within 30 days of the date you were granted probation to set up your first appointment/intake meeting.
If you have not heard from your probation officer within a 30-day period:
For those supervised by county-level probation, below are the steps for requesting a change to your conditions of formal or informal probation.
(1) Notice of Motion : This tells the court what you want it to do. In other words, it notifies the court that you want it to modify your probation conditions. [1123]
Try and get to the Clerk’s office early, because there may be long lines. Make sure to bring lots of copies and a friend to help if you can.
(2) Memorandum of Points and Authorities : This section explains the law or authority that you are relying on for your request, as well as the facts supporting your request under that law or authority. [1124]
In the case of a disability, you should include the following: Americans with Disabilities Act (ADA), [1125] California Government Code § 11135, Civil Code §§ 54 et seq., California Penal Code § 1203.3 and the specific facts of your disability, how it affects you on probation, and what changes or additional assistance you need.
(3) Declaration : This is your signed, sworn statement of the facts used in your memorandum. It must include all of the facts used to support your motion. [1126]
During the hearing, you (or your attorney, if you have one) will explain to the judge why your disability makes it difficult for you to comply with your current conditions, what changes you need in your probation conditions, and if you need any other assistance from the probation department to successfully complete your probation. You can also ask the court to order the probation department to provide certain assistance or other accommodations. The prosecutor will also have a chance to speak, including a chance to oppose your request for modification. For more information on disabilities, please see PG. 247.
(4) Any Supporting Documentation : If you have any documentation, such as a doctor’s letter or prescription for medication, you should include these.
(5) Proposed Order : This is the document the judge signs to grant your motion and officially allow your probation to be terminated.
(6) Proof of Service : Include the Proof of Service form with your motion. This document must be included with all your court papers to prove that you gave a copy of the court papers to every person who is required by law to get them.
Need help with your court forms? Ask the attorney/ Public Defender from your case, the court’s Self-Help Center, or your local law library for assistance with your motion.
IMPORTANT: If you had public defender for your case, many Public Defender offices will write, file, and argue motions to modify probation on your behalf. Call you public defender to find out whether they are able to assist you in filing and arguing your motion.
After your motion has been filed, the clerk will give you a court date to have your motion heard by the judge.
WARNING: You must report to your County Probation Department for PRCS supervision within 2 working days after your release from state prison, court, or county jail. Instructions for what to do when you first get out on PRCS vary from one county probation department to the next. For example only, here are the instructions for people on PRCS in a couple of California counties:
If you are on PRCS under the L.A. County Probation Department: [1130]
If you are on PRCS under the Butte County Probation Department: [1131]
Unlike for state parole, there are no formal probation policies or procedures to request accommodations or file a complaint related to your disability. Each county does things differently, and many counties have no formal procedures. You can first talk to your probation officer and explain the situation to him/her OR you may ask a judge to modify your probation to accommodate your disability by filing a motion requesting a change.
If after talking to your probation officer or their supervisor, you still need help because (1) you did not get the assistance you require for your disability, (2) you are unable to participate in the programs which you are being offered or required to participate in, or (3) the terms of your supervision are difficult for you due to your disability, then you can go back to court to request help from the judge.
In order to ask the judge to modify your probation, you must FILE A MOTION requesting that the judge modify probation to accommodate your disability. Once you file your motion, you will have a hearing. The motion would likely mention the following laws:
During the hearing, you (or your attorney, if you have one) will explain to the judge why your disability makes it difficult for you to comply with your current conditions, what changes you need in your probation conditions, and if you need any other assistance from the probation department will help you to successfully complete your probation. You can also ask the court to order the probation department to provide certain assistance or other accommodations. The prosecutor will also have a chance to speak at your hearing—this includes a chance to oppose your request for modification. Because the judge has much more control over the Probation Department and the terms of your supervision, the Judge can order Probation to provide you with assistance, and can decide any other accommodations necessary for you to successfully complete your supervision. [1136]
See next page.
STANDARD CONDITIONS— The list of “Standard Conditions” below—while technically discretionary (not required)— are added by the judge in almost every case of Supervised Release, as recommended by the U.S. Sentencing Commission, the agency that oversees federal sentencing guidelines. [1137]
You will likely be ordered to follow most if not all of the following rules (conditions), or something very similar to these:
If the legal standards are met (refer to PG. 219), the judge may order additional discretionary conditions on your Supervised Release.
As discussed, the Standard Conditions listed on PG. 217 above are almost always added.
The following discretionary conditions may also be added (all but one of these is the same as those listed under federal probation, PG. 224):
If you are a non-citizen subject to deportation by law:
The court may order you deported and that you remain outside the U.S. as a condition of your Supervised Release, and may order that you are handed over to an authorized immigration official for such deportation.
If you are required to register as a Sex Offender:
Here is the full list of factors that the judge may consider when deciding whether to let you off probation early:
Per 18 U.S. Code § 3559:
An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is:
(1) Life imprisonment, or if the maximum penalty is death, as a Class A felony;
(2) Twenty-five years or more, as a Class B felony;
(3) Less than twenty-five years but ten or more years, as a Class C felony;
(4) Less than ten years but five or more years, as a Class D felony;
(5) Less than five years but more than one year, as a Class E felony;
(6) One year or less but more than six months, as a Class A misdemeanor;
(7) Six months or less but more than thirty days, as a Class B misdemeanor;
(8) Thirty days or less but more than five days, as a Class C misdemeanor; or
(9) Five days or less, or if no imprisonment is authorized, as an infraction.
|
Class of Offense
|
Length of Time
|
|
Class A Felony (life imprisonment or death) |
2 (minimum)—5 (maximum) years |
|
Class B Felony (25 years or more) |
2 (minimum)—5 (maximum) years |
|
Class C Felony (10 up to 25 years) |
1 (minimum)—3 (maximum) years |
|
Class D Felony (5 up to 10 years) |
1 (minimum)—3 (maximum) years |
|
Class E Felony (1 year up to 5 years) |
1 year maximum |
|
Class A Misdemeanor (6 months up to 1 year) |
1 year maximum |
|
Class B Misdemeanor (30 days—6 months) |
1 year maximum |
|
Class C Misdemeanor (6—29 days) |
1 year maximum |
|
Infraction (5 days or less, or no prison time authorized) |
(S/R cannot be imposed; Probation can be imposed for up to one year) |
You have the best shot of being let of supervised release early if:
Release plan, creating a plan for payment of restitution and fines, investigation of your plan and release.
Once you have a release date from the Parole Commission (USPC), you must complete a satisfactory plan for parole supervision to actually get released. The Regional Commissioner may change your date of release (earlier or later) onto parole to allow more time for release planning. At most, the Regional Commissioner can delay your release onto parole for 120 days; otherwise, you have the right to a hearing if the Regional Commissioner wants to push back your release date more than 120 days. [1155]
Generally, you are required to have included in your release plan:
Your release onto parole might also be delayed if you still owe court-ordered fines or restitution. [1157] When you still have fines or restitution to pay, a reasonable plan for payment, or a performance of services if ordered by the court, will be included in your parole release plan, where feasible. [1158]
Your U.S. Probation Officer will do an investigation to make sure that the person’s release plan is appropriate. This investigation will start with the probation officer asking you questions about your release plan. The probation officer will then follow up and verify your answers. For example, if you told the probation officer that your approved residence did not have any persons with a felony record, the probation officer will follow-up to make sure this is true.
After the Parole Commission approves your release plan, and a U.S. Probation Officer completes an investigation, you will be released on the date set by the Parole Commission (unless there is misconduct or some other reason leading to a change in the date).
Below is the process for filing an appeal with the National Appeals Board to challenge and decision to grant, rescind, deny or revoke federal parole:
STEP 1: You may send a written appeal to the National Appeals Board challenging any decision to grant (other than a decision to grant parole on the date of parole eligibility), rescind, deny, or revoke parole.
STEP 2: Use the proper form (Parole Form I-22) [1160] and file your written appeal within 30 days from the date of entry of the decision that you are appealing. If you don’t file within 30 days of the decision, you lose your right to challenge/appeal it.
OTHER REQUIREMENTS OF YOUR APPEAL:
If you’re appeal doesn’t meet these requirements, the USPC may return it to you, in which case have 30 additional days from the date the appeal is returned to submit an appeal that meets the above requirements.
LEGAL GROUNDS FOR YOUR APPEAL CAN INCLUDE:
That the guidelines were wrongly applied in your:
Severity rating;
Salient factor score;
Time in custody;
That a decision outside the guidelines was not supported by the reasons or facts as stated;
That especially mitigating circumstances (for example, facts relating to the severity of the offense or your probability of success on parole) justify a different decision;
That a decision was based on wrong information, and the correct facts justify a different decision;
That the USPC did not follow correct procedure in deciding the case, and a different decision would have resulted if it would have followed the right procedure;
There was important information that you did not know at the time of the hearing;
There are compelling reasons why a more lenient decision should be given on grounds of compassion. [1161]
The purpose is to determine whether you have violated the conditions of your release and, if so, whether your parole or mandatory release should be (1) revoked (taken away) or (2) reinstated (where you continue on parole as you were). [1162]
Know Your Rights!
Present Evidence: You may present evidence at the hearing. However, the presiding hearing officer or examiner panel may limit or exclude any irrelevant or repetitive statements or evidence.
The hearing officer or examiner must disclose all evidence being used to make the revocation decision before or during the revocation hearing. The Hearing Officer will let you examine the document during the hearing, or where appropriate, read and summarize the document for you.
Present Witnesses: You may present witnesses at the revocation hearing. At a local revocation hearing only, the USPC may upon your request or on its own motion, ask people to attend who can give statements that will help inform the decision of whether or not to revoke your federal parole. [1163]
You have the right to question and cross-examine those witnesses, and be present for this, unless the presiding hearing officer or examiner panel finds good cause for you to not be there.
Ask for an attorney: You have the right to an attorney. You do not have a constitutional right to have an attorney at your parole revocation hearing, but you will most likely qualify for an attorney if you cannot afford one. [1164]
Appeals: You may appeal a revocation decision. [1165]
If you agree to the decision, the Commission may make a revocation decision without a hearing if:
The alleged violation would be graded no higher than Category Two under the guidelines at § 2.20;
The alleged violation is in any category under the guidelines at § 2.20 and the decision imposes the maximum sanction authorized by law; OR
You have already served sufficient time in custody for the violation, but that forfeiture of time on parole is necessary to provide an adequate period of supervision. [1166]
Keith Wattley, Managing Attorney
UnCommon Law
220 4th Street, Suite 103
Oakland, CA 94607
Keith Wattley is also the director of the Berkeley Law Post-Conviction Advocacy Project (P-CAP), which trains law students to assist with parole hearings for individuals serving life sentences.
Tracy Renee Lum
46 S. Del Puerto Avenue, Suite B #106
Patterson, CA 95363
(209) 894-7794
trlum@hotmail.com
Rashida Harmon
Harmon Legal
125 12th Street, Suite 100 - BALI
Oakland, CA
510-326-4993
rashida@harmon.legal
The best way to submit an inquiry is via their website: https://www.bayarealegalincubator.org/
[last updated 3/27/2017]
IMPORTANT: This letter does NOT contain legal advice. Instead, this letter provides general information about the law. It is your responsibility to talk to a criminal law or parole release expert who can advise you on how Proposition 57 will impact your sentence, parole hearings, and criminal record.
Proposition 57, also known as “The Public Safety and Rehabilitation Act of 2016,” was approved by voters on November 8, 2016, with 64% of Californians voting in favor of its passage. Among other changes, Proposition 57 amended the California Constitution to add a new section (Article 1, section 32). The full text of the constitutional amendment appears at the end of this letter. These are the three key parts of Proposition 57 (discussed in more detail below):
M any of the details of how Prop. 57 will be implemented still need to be finalized . Below is a brief summary of the three key parts of Proposition 57. Please consider checking back in with Root & Rebound in a few months to see if our team can provide any updated information.
With the passage of Prop. 57, prosecutors can no longer skip juvenile court and directly file on youth in the adult criminal court system. Additionally, Prop. 57 made changes to the transfer hearing process for accused juveniles. For youth ages 14 to 17, there is no longer the presumption that they will be tried in adult criminal court for an accused crime. Instead, the presumption is that they will remain in juvenile court unless the prosecutor can demonstrate that a transfer to adult criminal court is warranted.
Transfer hearings now require judges to review five factors in deciding if the case should stay within the juvenile justice system. Prior to Prop. 57’s passage, youth would have to meet all five factors to avoid transfer to adult court. Now, judges must carefully review all of the circumstances of the juvenile’s life, the alleged crime, and the impact of age on the juvenile’s actions with a goal of keeping more youth out of the adult criminal justice system.
These changes went into effect the day after Prop. 57 passed. We are still uncertain what will happen to youth who were “directly filed” on in adult criminal court before the law went into effect and who are currently being prosecuted in adult criminal court. Right now, it appears each county’s prosecutor is deciding how to proceed on these cases, so it may vary from county to county.
Prop. 57 creates a parole process for people in state prison who: (1) were convicted of a “nonviolent” felony offense, and (2) have served the full term length for their primary offense .
“Part 2” of Prop. 57 did not take effect immediately because there are a lot of details that still need to be worked out by the California Department of Corrections and Rehabilitation (CDCR). CDCR issued proposed regulations on March 24, 2017. They are “emergency regulations,” meaning they will go into effect immediately for up to 180 days while the permanent regulations go through a period of public comment and review. According to the draft regulations , it seems likely that parole eligibility under Prop. 57 will involve a paper review process, which means that the decision will be made by reviewing the documents in a person’s file and, although the district attorneys and victims will be notified, there will not be a hearing. Appeals will likely go to the parole board.
Certain groups of people will not be eligible for this parole process, including those with third strike sentences, registrable sex offenses, and violent offenses. The draft regulations look to Penal Code Section 667.5 for the definition of “violent offense.” Some of the offenses that fall under Penal Code Section 667.5(c)’s definition of “violent felony” include robbery, first degree burglary of an occupied residence, and threats to victims or witnesses. In addition, a great bodily injury, gun, or gang enhancement can turn an otherwise nonviolent offense into a violent one for purposes of Prop. 57 eligibility. The draft regulations also include a “public safety screen” to exclude individuals with recent disciplinary action. If someone is excluded for disciplinary action, the draft regulations indicate that they will be reviewed annually for eligibility.
It is our current understanding that this provision will not apply to people serving Realignment sentences in county jail because the language in this section of Prop. 57 is expressly limited to “[a]ny person convicted of a nonviolent felony offense and sentenced to state prison.”
According to the emergency regulations, CDCR will begin making eligibility determinations by June 1, 2017 for people who are currently incarcerated.
“Part 3” of Prop. 57 authorizes CDCR to overhaul its good credit system in California prisons and tie it to rehabilitation achievements and evidence of changed behavior . We expect this provision will impact most people who are currently incarcerated in state prisons.
Although we do not know for certain the details of this program (and will not know until the final regulations are issued), the draft regulations suggest that CDCR will create a scheme that grants credits for GED classes, Milestone Completion Credits, Educational Merit Credits Credits, Rehabilitative Achievement Credits, AA credits and participation in inmate leisure time activity groups (ILTAGs).
Based on the draft regulations, CDCR seems to be creating a system where:
We do not think that the credit provisions will apply retroactively except in the case of Educational Merit Credits, though retroactivity may be debated during the public comment period.
It is our current understanding that people with convictions for violent offenses will likely be eligible for the good credit system. We also believe that people serving life sentences will be able to receive these credits, although there is a good chance that they will earn credits at a lower rate than people with determinate sentences. We expect that individuals on death row or serving life without the possibility of parole sentences will not be able to receive credits.
Again, it is very important to note that these are just predictions for what the good credit changes will be. Call Root & Rebound’s weekly Reentry Legal Hotline any Friday, 9 a.m. – 5 p.m., or write us a confidential, legal letter at 1730 Franklin Street, Suite 300, Oakland, CA 94612, for updated information about Prop. 57.
****************
California Constitution, Article I, section 32.
(a) The following provisions are hereby enacted to enhance public safety, improve rehabilitation, and avoid the release of prisoners by federal court order, notwithstanding anything in this article or any other provision of law:
(1) Parole Consideration: Any person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term for his or her primary offense.
(A) For purposes of this section only, the full term for the primary offense means the longest term of imprisonment imposed by the court for any offense, excluding the imposition of an enhancement, consecutive sentence, or alternative sentence.
(2) Credit Earning: The Department of Corrections and Rehabilitation shall have authority to award credits earned for good behavior and approved rehabilitative or educational achievements.
(b) The Department of Corrections and Rehabilitation shall adopt regulations in furtherance of these provisions, and the Secretary of the Department of Corrections and Rehabilitation shall certify that these regulations protect and enhance public safety.
Housing is one of the most immediate and important parts of a strong reentry. In the HOUSING CHAPTER, you will learn more about your housing options and legal rights; what kind of housing you can and cannot get into because of your criminal record; and things you can do if your legal rights are violated.
DISCLAIMER – YOUR RESPONSIBILITY WHEN USING THIS GUIDE: When putting together the Roadmap to Reentry: A California Legal Guide , we did our best to give you useful and accurate information because we know that people who are currently or formerly incarcerated often have difficulty getting legal information, and we cannot provide specific advice to every person who requests it. The laws change frequently and are subject to differing interpretations. We do not always have the resources to make changes to this material every time the law changes. If you use information from the Roadmap to Reentry legal guide, it is your responsibility to make sure whether the law has changed and applies to your situation. If you are incarcerated, most of the materials you need should be available in your institution’s law library. The Roadmap to Reentry guide is not intending to give legal advice, but rather legal information. No attorney-client relationship is created by using any information in this guide. You should always consult your own attorney if you need legal advice specific to your situation.
HOUSING: TABLE OF CONTENTS
I. Introduction 336
Key Terms in the Housing Chapter 336
II. Looking for & Identifying Good Housing Options 337
What are the first steps I should take in my housing search? 337
Can I find housing while I am still incarcerated? 338
What are some steps I can take if I am worried about becoming homeless? 338
Will my parole or probation officer help me find somewhere to live? 338
What are my housing options after release? 339
Short-Term Housing Overview 339
Staying with family or friends 339
Shelters 340
Transitional housing programs 340
Can I get into a transitional housing program if I am still incarcerated? 340
What may I need to get to be accepted into transitional housing? 340
Special needs housing—short- or long-term 341
Pre-Release Transitional housing programs 341
What types of pre-release transitional housing programs does CDCR offer? 341
What happents to my good time credits if I serve the last part of my sentence in a transitional house program? 341
I’m a lifer. Can I participate in CDCR’s pre-release transitional housing programs? 341
Are there waitlists to get into these programs? 341
I have children. If I participate in these programs, can they live with me? 341
Some of these programs are gender-specific. What if I identify as transgender or gender-variant? 341
Long-Term Housing Overview 342
Permanent Housing 342
Special Needs Housing—Short- or Long-Term 342
Housing for Special Needs & Populations 342
Women & Children 343
Domestic Violence Survivors 344
Seniors/Elders 346
Veterans 346
Substance Abuse Treatment & Recovery Housing (also called “Sober Living Environments”) 347
290 Sex Offender Registrants & Residency Restrictions 348
Private vs. Government-Assisted Housing: An overview 349
How can I figure out if I am applying to/living in private or government-assisted housing? 349
Private Housing 349
Government-Assisted Housing 349
Why would I be interested in living in government-assisted housing? 349
How can I find government-assisted housing? 350
Who is my landlord if I live in government-assisted housing? 350
III. APPLYING For & GETTING INTO HOUSING 351
Understanding Housing Eligibility 351
What does it mean to be “eligible” for housing? 351
Why is it important to understand the eligibility rules of different types of housing? 351
What are some of the reasons I could be eligible or ineligible for a housing program? 351
I was receiving Section 8 housing and was then incarcerated. Do I need to reapply? 351
How will my criminal record affect my eligibility and application to different types of housing? 352
Criminal Record Bans To Be Aware Of Before You Apply to Housing 352
1. Criminal Record Bans in Private Housing 352
How can my criminal record affect my chances of getting private housing? 352
Can a private landlord refuse to rent to me just because of my criminal record? 352
When might I be legally protected from a private landlord discriminating against me due to my criminal record? 353
2. Criminal Record Bans in Government-Assisted Housing 354
How can my criminal record affect my chances of getting accepted into government-assisted housing? 354
Can a Public Housing Authority (PHA) refuse to rent to me just because of my criminal record? 355
Where do I find a PHA’s rules & policies about criminal records? 356
Chart Summarizing Criminal Record Bans in Government-Assisted Housing 356
Detailed Questions & Answers About Criminal Record Bans in Government-Assisted Housing 359
What bans are required in government-assisted housing—for specific types of convictions and specific housing programs? 359
What bans are allowed, but not legally required in government-assisted housing—the “catch-all” category of bans that apply to *all people with criminal records*? 363
How can I find out the criminal record policies of my local Public Housing Authority (PHA) or of the owner of government-assisted housing? 363
Under the “catch-all” ban, can a Public Housing Authority (PHA) or owner of government-assisted housing deny me for a conviction that I had “expunged”? 364
Under the “catch-all” ban, can a Public Housing Authority (PHA) or owner deny me from government-assisted housing for arrests that did not result in a conviction? 364
Under the “catch-all” ban, will my participation in a pre-trial intervention or diversion program matter? 365
Under the “catch-all” ban, can a Public Housing Authority (PHA) or owner of government-assisted housing deny my application because of the convictions of family members who live with me? 365
Your Rights Against Illegal Denials from Government-Assisted Housing Because of Your Criminal Record 365
How does the law protect me from being denied government-assisted housing because of my criminal record? 365
Improving Your Chances Of Getting Into Government-Assisted Housing—Offering Proof Of Rehabilitation & Mitigating Factors 366
What is “proof of mitigating factors?” 366
What is “proof of rehabilitation?” 367
Do government-assisted housing programs have to consider mitigating circumstances & evidence of rehabilitation? 367
When could i show proof of mitigating circumstances and rehabilitation to the PHA or owner of government-assisted housing? 368
Specific Examples of Evidence that can Strengthen Your Application to Government-Assisted Housing 368
What specific types of evidence will strengthen my housing application to government-assisted housing? 368
If I can show the Public Housing Authority (PHA) that I really need the housing, will that help my application? 370
IV. ACCESS TO YOUR criminal RECORDS as you apply for Housing 371
An Overview of the Types of Criminal Records that Could Show Up as you Apply For Housing 371
What criminal records could show up as I apply for any type of housing? 371
Does this Chapter cover what can and cannot show up in my credit report? 371
Can a private landlord, Public Housing Authority (PHA), or owner of government-assisted housing charge me a fee for running a background check/ tenant report on me? 372
Access to Your Criminal Records as You Apply for Private Housing 372
How Private Landlords Learn About Your Criminal Record 372
How do private landlords learn about my criminal record? 372
Your Rights When a Private Landlord Runs a Criminal Background Check 372
What must a private landlord do if they want to get a background check/tenant report on me? 372
What information cannot be included in a private background check/tenant report in California? 372
Do private background check companies have to make sure the information they report to a landlord in a tenant report is true and accurate? 373
Does a private landlord have to tell me that the criminal record information that showed up in a private background check/tenant report is the reason I am not getting the apartment? 373
Your Rights When a Private Landlord Directly Asks You About Your Criminal Record 373
Can a private landlord ask me about convictions or arrests older than 7 years? 373
Your Rights to Confidentiality When a Private Landlord Gathers Criminal Record Information on You 374
Does the landlord have to protect and keep confidential my criminal record and other personal information? 374
Access to Your Criminal Records As You Apply For Government-Assisted Housing: 374
Your Rights When a Government-assisted Housing Provider Runs a Criminal Background Check 374
What criminal records can a Public Housing Authority (PHA) access, and who gives the PHA my conviction records? 374
Can a Public Housing Authority (PHA) require me to sign a release to get my criminal history information? 374
If I am moving into government-assisted housing in a different city or county, can my current Public Housing Authority (PHA) share my criminal history records with the new PHA where I am applying? 375
Can a Public Housing Authority (PHA) access my drug treatment records, and if so, under what circumstances? 375
What can I do if a Public Housing Authority (PHA) violates my rights in accessing and using my drug treatment information? 376
What can owners of federal government-assisted housing see? How do they get my criminal records? 376
Can a Public Housing Authority (PHA) or owner of government-assisted housing get records of my arrests that didn't lead to convictions? 376
Can a Public housing Authority (PHA) or owner of government-assisted housing get my juvenile records? 377
Your Rights When a Government-assisted Housing Provider Runs a Criminal Background Check—The Rules They Must Follow 377
What are tenant screening reports? 377
Who conducts tenant screening checks & provides tenant reports to Public Housing Authorities (PHAs) & owners of government-assisted housing? 377
Do you have to pay for a screening report? If so, how much does a report cost? 377
What must a Public Housing Authority (PHA) or owner of government-assisted housing provide me with if it orders a background check/tenant report from a private background check company? 377
Do I have any rights if a Public Housing Authority (PHA) or owner of government-assisted housing rejects my rental application because of a background check/ tenant report? 378
What are my legal rights if a Public Housing Authority (PHA) or owner of government-assisted housing illegally accesses or uses my criminal record information? 378
Errors in Your Background Check Report & How to Correct Them—An Overview 379
Could there be errors in the background check/ tenant report that a housing provider runs on me? 379
How can I correct errors in my background check/ tenant report? 379
V. Joining Family & Friends in Housing 380
Joining Family or Friends in Private Housing 380
Joining Family or Friends in Government-Assisted Housing 380
I have a criminal record and want to join a household living in federal government-assisted housing. Can I? 380
I want to join someone government-assisted housing. Can I? 381
I want to go back to my government-assisted housing unit after a brief period in jail or prison. Can I do that? 381
If I am joining a household, will the PHA or owner of the government-assisted housing run a criminal background check on me? 382
If I am being incarcerated for a new offense, does my family have to report that I moved out? 382
Guest Policies in Government-Assisted Housing: 383
I have a record and want to temporarily visit or stay overnight as a guest with my family in their government-assisted housing unit. Will my visit in any way risk my family’s government assistance? 383
I have a record and want to temporarily visit or stay overnight as a guest with my family in their government-assisted housing unit. What are some suggested steps I can take to avoid putting my family or friend’s housing assistance at risk? 383
If I am planning to stay as a guest with family or friends until I am added to their housing lease, what are some suggested steps I can take to make sure we are following all the guest policies? 384
If a Public Housing Authority (PHA) or owner of government-assisted housing denies my request to be added to my family or friend’s lease, who can challenge the denial And how? 384
Policies for Live-in Aides in Government-Assisted Housing 385
What is a “live-in aide?” 385
Can I be someone’s live-in aide in government-assisted housing if I have criminal record? 385
Will the PHA or owner screen me for my criminal background if I am someone’s live-in aide? 385
Will the PHA or owner screen me for my credit history if I am someone’s live-in aide? 385
I was excluded from being someone’s live-in aide based on my criminal record. What can I do? 385
What makes a request for a reasonable accommodation successful? 385
I am a live-in aide in a government-assisted unit, but the person who I was caring for has left the unit. Do I have a right to stay? 385
VI. Challenging denials from housing 386
Challenging Denials to Private Housing: 386
What are my main options for challenging a denial to private housing? 386
How do I figure out which option to choose if I want to challenge a denial from private housing? 386
Challenging Denials to Government-Assisted Housing 386
When would I challenge a denial from a Public Housing Authority (PHA) or owner of government-assisted housing? 386
If I was denied government-assisted housing, how will I know the reason why? 387
What is the timeline for challenging a denial to government-assisted housing? 387
Will I definitely get into government-assisted housing if I am successful in challenging the initial denial? 387
How can I figure out the specific procedures for challenging a denial to government-assisted housing? 387
Review Hearings: The Way to Challenge a Denial to Government-Assisted Housing 388
What can I expect at the review hearing? And how can I prepare? 388
What can I expect from the review hearing? What is it like? 389
What rights do I have in a review hearing? 389
What can I do if I am unhappy with the written decision by the review hearing? 390
VII. Maintaining MY HOUSING 391
General Tips for Renters 391
I am planning to rent an apartment (private or government-assisted). What are some general tips for renters? 391
What are some of my general rights as a renter in California? 391
Evictions: Just the basics 393
What is an eviction? 393
I am facing an eviction. What are my options? 393
I received a 3-day notice to do something from my landlord. Will I be evicted? 393
The 3-Day Notice to “Pay Rent or Quit” 393
What must a “3-day notice to pay rent or quit” say? 393
What are my options if I get a “3-day notice to pay rent or quit”? 394
What could happen if I do not pay my rent or do not move within the 3 days? 394
The 3-Day Notice to Perform Covenant(s) or Quit 394
The 3-Day Notice to Quit 394
Service of the 3-Day Notice 395
What could happen if my landlord takes me to court to evict me? 395
What could happen if I ignore the summons and complaint and do nothing? 395
What could happen if I lose in court or after a judgment against me? 396
How long does the eviction process take? 396
I live in transitional housing, and the housing provider (or parole) is trying to evict me with very little notice & without going to court. Is this legal & what are my options? 396
VIII. CONCLUSION 396
HOUSING APPENDIX 397
This Chapter explains common housing issues and questions for people with criminal records and the friends and family who live with them. This section will give you information about:
Public Housing Authority (PHA) —a government organization that assists with the development and/or operation of housing for low-income individuals and families. There is a PHA in most counties across California.
Private Owner/Landlord —is the owner of a house or apartment that is rented or leased.
Owner of Government-Assisted Housing —is a private owner/landlord who receives some form of government assistance to make housing more affordable for certain categories of people.
Lease/Rental Agreement —is a legal document that explains the terms under which you are renting your housing.
Background Checks (“Tenant Reports”) — is the process of looking up and compiling criminal, commercial, and financial records of an individual.
Credit Report —is a detailed report of your credit history prepared by a credit bureau and used by a lender or homeowner to determine your creditworthiness; it includes your personal data (current and previous addresses, social security number, employment history), detailed account information (current balances, payment amounts, payment history), inquiries into your credit history, etc.
Eviction (“Unlawful Detainer”) —action by a landlord that forces you to leave the premises through a legal process, as for non-payment of rent.
Here are the main types of housing you may consider after getting out of prison or jail:
First, you should figure out what type of housing is right for you in the short term, and where you will be allowed to live by probation or parole (or which ever type of supervision you are on) when you first get out. See the PAROLE & PROBATION CHAPTER, beginning on PG. 125 to learn about how your rules (called “conditions”) of supervision affect where you can live after release. There is more information about different types of short-term housing beginning on PG. 339.
Most housing programs will require proof of who you are, your age, and any income you receive. (Go to the BUILDING BLOCKS OF REENTRY: ID & VOTING CHAPTER, beginning on PG. 21, to learn how to get various forms of identification documents.)
Later on, you can figure out what type of housing is right for you permanently—we call this “long-term housing.” You need to find housing that you can afford , that you are eligible for (meaning you meet the requirements to be accepted), and that meets your personal needs .
Long-term, permanent housing might mean living with family or friends; living in an affordable apartment or housing unit run by a Public Housing Authority (PHA) or a private landlord; or living in an assisted-living facility for people with special needs (like seniors, veterans, women and children, people with disabilities, or people escaping domestic violence, 290 sex offender registrants). There is more information about different types of short-term housing beginning on PG. 339. For more information For more information on housing for special needs, see PG. 342.
Finding housing can be an exhausting process, but don’t give up. Reach out for help. There are resources listed throughout this chapter, and also a list of legal services providers on PG. 1075. You can call Root & Rebound (510-279-4662) if you have an emergency, and we may be able to refer you someone to help.
Yes, it is possible. First, you may want to think about (1) what you need in the short-term vs. long-term; (2) how your parole or probation (or other type of supervision) affects where you can live; and (3) whether you want to look for private housing, government-assisted housing, or both. To help with this process, read about your housing options , starting on PG. 337.
There are additional considerations if you plan to move in with family or friends. You will want to ask them to find out everything possible about the guest policies where they live, and/or about adding someone to their apartment lease. If the housing your family or friend lives in receives any form of government assistance , they may also need to contact their local Public Housing Authority (PHA) to let them know they would like to add you to the household. A list of PHAs in California and their contact information can be found here: Appendix A, PG. 398 or online here: http://www.hud.gov/offices/pih/pha/contacts/states/ca.cfm . Learn more about moving in with family and friends beginning on PG. 380.
If you want to find transitional or emergency housing, generally you or a family member, friend or advocate will have to directly write or call the housing facility to ask about what the requirements are. For a list of transitional housing programs that may accept you while you are still incarcerated, see Appendix B, PG. 404.
An important step to avoid becoming homeless is to begin planning and identifying housing options while you’re still incarcerated (see question above addressing this topic, PG. 338).
There are also agencies and nonprofits in the community working to help people find permanent housing and avoid/get out of homelessness. Here are some organizations that may be able to help:
It depends, but usually not. But it’s always worth asking your supervising officer if they know of any housing resources!
If you are on California state parole:
There is very little help for housing. In some counties, some parole officers may work with local boarding houses, hotels, or motels to find you a temporary place to stay. [1167] Additionally, there could be funding from the California Department of Corrections & Rehabilitation (CDCR) for you to stay a short amount of time in transitional housing (most of those programs are run by the CDCR’s Division of Rehabilitative Programs, which you can read more online at: http://www.cdcr.ca.gov/rehabilitation/what-we-do.html ).
You can also ask your correctional counselor (if you’re incarcerated) or your parole officer (if you are living in the community) about what types of funding exists for transitional housing while you are on state parole. If your parole officer is unable to help you find short-term, transitional or emergency housing, you may try going to an emergency shelter (see PG. 338.)
As a last resort, you may have to use your Gate Money (read more about Gate Money in the PAROLE & PROBATION CHAPTER on PG. 146) to pay for a hotel or motel, until you find a more permanent living situation.
If you are on California county-level supervision like probation, PRCS, or mandatory supervision:
Ask your probation/supervising officer about what local programs are available. Ask if they can make referrals to affordable housing agencies or nonprofits that advocate for low-income people to find housing.
If you are on federal probation, supervised release, or federal parole:
Ask your federal Probation Officer for a list of affordable housing options in the area. Federal probation officers will not normally release you from a transitional (“halfway”) house unless you have a plan for permanent housing. Also, read about some of your options for long-term housing on PG. 342 of this chapter.
See PG. 349 to learn more about government assisted housing and the different rules that apply for them.
Again, there are many different housing options out there—transitional housing programs, emergency shelters, special needs housing, assisted-living housing, living with family or friends, private apartments and houses, and apartments and houses that get government money to make them more affordable for their residents. To make it easier to plan and prepare, we suggest thinking about your housing options in two categories: (1) short-term housing and (2) long-term/ permanent housing. Also, consider whether government-assisted housing makes sense in your situation.
When you are preparing for release or first get out of prison or jail, most of your housing options will be focused on short-term and transitional housing. Examples of short-term housing include: staying with a family member; staying with a friend; staying in a shelter (shelters usually offer a bed and shower for one or more nights, and sometimes offer other free services); and living in a transitional housing program.
Here are some pros and cons to consider if you want to move in with family or friends.
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PROS |
CONS |
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If you have friends or family in the area, staying short-term with them can be an option for immediate housing. Friends and family can be supportive and useful in helping you successfully reenter the community. A few days or weeks on someone’s couch or in their spare bedroom can give you enough time to go to get social services, start looking for jobs, and arrange for longer term housing. You will likely have greater independence in your life. It will be free or at a lower cost because you are splitting the rent. |
If you are under supervision after your release, your housing will need to be approved by your probation/parole officer or supervising agency. Home visits by parole/probation officers, search conditions, and other restrictions don’t just affect you; they also affect your host and other household members. (SEE CHAPTER ON PAROLE & PROBATION, PG. 153). If you are a guest in someone’s home or apartment, your stay could cause the family living there to violate the property’s guest policy if you stay beyond the time limit allowed for guests and/or you violate some other rule in the property’s guest policy (see more on PG. 383). |
Most shelters are free, and usually offer a bed and shower for one night or multiple nights, and sometimes services such as counseling and job-search assistance. While transitional and permanent housing options can take time to arrange, you can usually access a shelter immediately. Here are some of the main types of shelters that exist:
Transitional housing programs are temporary programs that offer housing and services. Keep in mind they usually have requirements you have to meet before you can move in, and there are usually waitlists.
Examples of transitional housing programs include: shared or private apartments, residential programs that allow for temporary stays (from 3 months to 2 years) at no cost or at a low cost, and sober living environments (SLE) (read more about SLEs on PG. 347). Some transitional housing programs also have services like job training, counseling, general education development (“GED”) programs, and computer classes. Some transitional housing programs are for people with specific needs such as mental health support, addiction treatment and recovery (see PG. 347), or safety from domestic violence (see PG. 344).
For proof of homelessness, most housing providers will just need a signed statement. If the housing provider asks for further documentation, you may need to show eviction papers, a letter from a social worker, etc. Some organizations will also issue certificates of homelessness, for example:Coalition on Homelessness
488 Turk Street
San Francisco, CA 94102
Phone: (415) 346-3740
Certificates of Homelessness are issued Mondays and Wednesdays 10 a.m.–12 p.m.
It depends on the program. Unfortunately, most post-release transitional housing programs will not let you fill out an application or get on the waitlist before your release. A few let you apply from inside prison or jail, but may have other requirements or restrictions. Go to Appendix B on PG. 404 for a partial list of transitional housing options in California that may accept residents who write to them from inside prison or jail.
BUT NOTE: In recent years, the CDCR has introduced several pre-release transitional housing programs designed to let people to carry out the last part of their sentence in a controlled community setting.These are alternatives to traditional incarceration that typically provide for greater freedom. Participants remain under the CDCR’s jurisdiction and control and are NOT on parole or other post-release supervision. In that sense, these programs are very different from the posts-release housing options discussed here. For more information on CDCR-sponsored pre-release programs see PG. 341.
It depends —each program has different requirements. You might need: identification (learn how to get different types of identification in the BUILDING BLOCKS OF REENTRY: ID & VOTING, beginning on PG. 21); proof of homelessness; proof of any income; proof of your sobriety; police clearance; to get through the waitlist; to have an interview; etc. It’s best to CALL (or if you’re currently incarcerated, ask a family member or friend to call, or WRITE the program a letter with your request) to find out well in advance of when you want to move exactly what you need to do and what the requirements are!
There are also housing programs for people with specific needs such as sober living environments that offer addiction treatment and recovery, safety from domestic violence, assisted living for people with disabilities, housing programs for women with children, veterans, and 290 sex offender registrants. These are often transitional housing programs that are for a short term only; others are intended to be long-term/permanent housing for people with special needs. For more information on special needs housing, see PG. 342.
The term “pre-release transitional housing” refers to a group of CDCR-sponsored programs that allow certain individuals to carry out the last part of their sentence living in a regulated community environment controlled by corrections. Such programs generally provide for greater freedom than is allowed in institutional settings. Individuals living in CDCR’s pre-release transitional housing are no longer incarcerated in the traditional sense, but remain under CDCR’s jurisdiction and control.
Each program has a different duration, application process, and set of eligibility criteria. However, all are voluntary – meaning you must submit an application to CDCR staff if you are interested in participating –and require that you have anywhere from a month to several years left in your sentence. Thus, if you’re currently incarcerated, you may wish to speak to a correctional counselor as soon as possible to find out which programs may be available to you.
CDCR currently offers five pre-release housing programs:
The details of each of these programs are summarized in Appendix C on PG. 406.
In January 2010, California Governor Jerry Brown signed a law (SB X3-18) authorizing CDCR to reduce people’s length of incarceration if they reach certain rehabilitative program milestones—a reward known as “ good time credits ”. Because a person is still under CDCR custody at a pre-release transitional housing placement, any good time credits already earned should not change. In addition to applying the good time credits you have already earned toward a shorter sentence, you can continue earning credits while participating in CDCR’s pre-release transitional housing programs as well.
Lifers are not able to participate in pre-release transitional housing programs right now. This is because placement in these programs requires a firm sense of your release date, and the current parole system makes it difficult to know a lifer’s release date in advance. The CDCR plans to roll out lifer-only transitional programs in 2017 that would closely mirror the programs described here.
As of the most recent publication of this resource, there are no waitlists to get into any pre-release transitional housing programs. However, this could change as these programs become more popular.
The Community Prisoner Mother Program and Female Community Reentry Facility both allow children to live on site with their mothers. The Alternative Custody Program is individually tailored, but may allow children to live on site with their mothers OR fathers, or else facilitate regular visitation between parent and child. For more information, see the summaries in Appendix C on PG. 406.
The CDCR has outlined its protocol for housing people who identify as trans* in Department Operations Manual (DOM) section 62080.14. If you feel your housing assignment does not match your gender identity, you must go through a diagnostic process with a doctor, then provide documentation of your diagnosis on CDCR Form 128-C3. After you take these steps, a CDCR classification committee will review your case to determine the most appropriate institutional placement and housing assignment under the circumstances. You may also have to file a 602 grievance if you feel your housing needs are not being met. For more information on the 602 grievance process, see PG. 173.
Although the Department Operations Manual does not specifically address transitional housing placement for trans* and gender-variant people, a representative from TGI Justice Project, which advocates for currently and formerly incarcerated people who identify as transgender, gender variant, or intersex, noted that many reentry programs are not trans-friendly. If you are interested in joining a transitional housing program but have questions or concerns based on your gender identity, please contact the free Root & Rebound Reentry Legal Hotline at 510-279-4662, which operates every Friday from 9:00 a.m. to 5:00 p.m.
You can also contact the following trans* advocacy organizations. They may have more information about other potential solutions:
TJI Justice Project Trangender Law Center
370 Turk Street, #370 P.O. Box 70976
San Francisco, CA 94102 Oakland, CA 94612-0976
Collect line: 510-380-8229
Later in your reentry, often after your stay at a short-term or transitional housing program is coming to a close, you will need to figure out what type of housing is right for you permanently. As you consider long-term and permanent housing options, you need to find housing that you can afford , that you are eligible for , and that meets your needs .
Permanent housing is a place that you can live in for multiple years. Examples of permanent housing include: apartments and homes that get money/assistance the federal government—though these often have long waitlists and require you to have somewhere else to live first; single-room occupancy (SRO) units where you usually have a private bedroom and bathroom, but a shared kitchen and living space; affordable apartments; and living permanently with family, friends, or other people who support you. For general tips for renters, see PG. 391 of this chapter.
Again, as mentioned under short-term housing options, there are special housing programs and units for people with specific needs such as addiction treatment and recovery, safety from domestic violence, assisted living for people with disabilities or mental health needs, housing programs for women with children, veterans, and 290 sex offender registrants These are often transitional housing programs that are for a short term only; but others are intended to be a long-term, permanent housing solution for people with special needs. See below for more details.
This section provides a brief overview of housing resources for people in reentry with special needs and who might qualify for special programs, including:
70-80% of women incarcerated in California prisons are mothers, and the majority were the primary caretakers of their children before going to prison. See Barbara Bloom, The Impact of California’s Parole Policies on Women, Testimony Before the Little Hoover Commission (April 22, 2004).
There are some special housing programs available only for women and their children. These programs may have other requirements (for example, that you are currently on supervision, participating in a substance abuse recovery program, etc.), and they may require a referral from CDCR or another agency.
Since there are very few of these programs and they have limited in space, you should contact the program and/or talk to your correctional counselor as soon as possible about contacting the housing program, finding out if you meet the eligibility requirements to participate, and how to get added to the waitlist if there is one.
Below are a few programs in different areas of California for reentering women and children. Please Note: This is not a complete list.
Website:
http://www.centerforce.org/programs/moms-maximizing-opportunities-for-mothers-to-succeed/
Address: PO Box 415, San Quentin, CA 94964
Phone: (415) 456-9980
The MOMS program is located inside Alameda County’s Santa Rita County Jail. It includes an 8-week, in-custody parenting program AND a post-release case management for up to one year, including services, alumni groups, and some limited transitional housing. The program supports mothers in Santa Rita Jail during and after their incarceration. Mothers incarcerated in Santa Rita Jail who have not been convicted of violent offenses or sex offense may participate in the MOMS program.
Website:
http://www.cjcj.org/Direct-services/Cameo-House.html
Address: 424 Guerro St., San Francisco, CA 94110
Phone:(415) 703-0600
CAMEO House provides transitional housing in San Francisco for formerly incarcerated mothers with children. In addition to housing, the program provides supportive services to address a range of issues, including substance abuse, unemployment, mental health as well as help with family reunification. CJCJ’s staff helps residents obtain stable housing and gainful employment within six months of their placement, although residents may remain for up to two years. The transitional housing unit includes access to communal living areas, fully equipped kitchens, bathroom facilities, and an enclosed yard area. CJCJ staffs the residence 24 hours a day, 7 days a week. CJCJ provides help to women with substance abuse issues, women with histories of domestic violence, women who have been clean for at least 6 months, women with children up to age 6, women who are pregnant at least 6 months, women who have been previously incarcerated in jail or prison, women who are homeless with some criminal justice involvement, women on parole, women on probation, women referred by Child Protective Services and women referred by the court.
Website:
https://nicic.gov/wodp/program/80-providence-place
Address: 4890 67th St., San Diego, CA 92115
Phone: (619) 667-5287
Providence Place is a residential substance abuse treatment program that serves women on parole or community supervision and their dependent children. In addition to housing, Providence Place provides substance abuse treatment; comprehensive case management and family reunification services; a parenting center focused on child development, parenting skills and family therapy; specialized support groups to address grief and loss, self esteem, trauma, and other needs; and employment development services. The program is available to women on active parole/post release community supervision and their minor children (typically up to the age of 12). All participants receive referrals, authorization and funding through CDCR.
Website:
http://www.freeatlast.org/services.html
Address: 1796 Bay Road, East Palo Alto, CA 94303
Phone: (650) 462-6999
Free At Last offers several housing options for women with children, including:
If your conviction was related to the domestic violence that you experienced, this is mitigating evidence that helps to explain your criminal record. IF YOU FEEL SAFE DOING SO, you may want to explain the violent situation you were in at the time of your criminal conduct to a housing provider who is considering your criminal record, so that you are not penalized in your application. [1168]
Starting off in an emergency shelter may help you to find transitional or permanent housing and/or access other services afterward. While some run background checks and have record-related restrictions, if you are living at a domestic violence shelter, the staff may be able to write a letter or provide a referral to a transitional housing program, which can help explain your situation and get around their restrictions.
Below are a few resources that may help you to find housing:
There are more than 100 shelter-based domestic violence programs throughout California. Many of these programs offer both:
In addition to providing shelter to survivors, both types of programs often provide services such as 24-hour hotlines, legal assistance with restraining orders and child-custody disputes, advocates who can go to court appearances to support you, counseling for you and your children, and referrals to other social services.
Most emergency and homeless shelters for survivors do not conduct criminal background checks (although they are permitted to do so, as long as they follow all of the background check rules on PG. 372). In addition, most shelters are aware that survivors often face criminal charges and/or arrest warrants in connection with the violence that they’ve experienced. Many shelters have relationships with local law enforcement, and can accommodate survivors who are under supervision (like probation, parole, etc.).
You should keep in mind that each shelter is different, so the rules and opportunities may not be the same everywhere. There may also be some variation from county to county. [1169] To find a domestic violence shelter or transitional housing program in your area, contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or call 211. You will have to contact each shelter or program separately to find out if you met their specific criteria. A list of resources by county in CA for people experiencing DV is also available online at:
The federal government’s definition of “homeless” includes people who are escaping situations of domestic violence and have no other housing or resources available. If you are escaping domestic violence, you may be eligible for a government-assisted housing program for “homeless” people.
Read an overview of government-assisted housing and why it could be right for you on PG. 349; read details about bans on people with certain convictions and criminal histories on PG. 354.
First, the following federal government-assisted housing programs do not have any mandatory criminal record restrictions, and may be available to survivors of domestic violence:
Second, for other government-assisted housing programs that do have restrictions based on criminal records, domestic violence survivors are entitled to certain additional protections. The Violence Against Women Act (VAWA) states that Public Housing Authorities (PHAs) cannot deny or end your housing because of the domestic violence that you experienced or because of a criminal conviction that is directly related to the domestic violence you experienced. [1171] This means if a PHA denies your housing application based on conduct or a past conviction related to the domestic violence you’ve experienced, you should immediately challenge the denial and ask the PHA for an informal review hearing. At that hearing, you can explain how the conduct or conviction is related to your experience of domestic violence. [1172] Go to PG. 359 to learn how to challenging denials to government-assisted housing.
If you are eligible for CalWORKS and you are homeless, you can apply to the Homeless Assistance Program (HAP) through your local county social service agency. [1173] Your family could receive temporary shelter in a hotel or motel for up to 16 consecutive days, financial help to move into permanent housing (such as last month’s rent, security and utility deposits, etc.), and 2 months of back-owed rent to prevent an eviction. Additional services such as counseling referrals are available for domestic violence survivors. For more information on CalWORKS eligibility, go to the PUBLIC BENEFITS CHAPTER, PG. 444.
The California Victim Compensation Program (VCP) can provide victims of violent crime—including domestic violence survivors—up to $2,000 per household for relocation expenses, such as first and last month’s rent, security and utility deposits, temporary housing, moving vans, and emergency food and clothing. [1174]
Please note that the expenses must be determined necessary for your personal safety or emotional wellbeing , by a law enforcement officer or licensed mental health provider. You will need to provide verification (a signed letter or other documentation from a law enforcement agent or mental health provider). You may also have to agree to other restrictions, such as not telling the person who committed the violence near your new location, not allowing him/her on the property, and seeking a restraining order against him/her.
VERY IMPORTANT: The VCP also has certain restrictions on people with criminal records. You may not be eligible if any of the following apply to you: [1175]
Although there are very few housing programs created just for senior citizens in reentry, you may be eligible for housing based on you disability (see PG. 414), your low income (see PG. 349), or qualify for different types of transitional housing (see PG. 340).
If you have a mental, physical, or developmental disability , and you must follow parole, probation, or community supervision conditions that restrict where you can live, you have the right to receive reasonable accommodations for your disability at your residence. To learn how to request an accommodation for your disability from your supervision, go to the PAROLE & PROBATION CHAPTER of this guide, PG. 125. For help, you may also want to contact a legal aid provider for people with disabilities, listed on PG. 1075, or call Root & Rebound (510-279-4662) for a referral or further assistance.
One program for seniors in reentry is the Senior Ex-Offender Program (SEOP) at the Bayview-Hunters Point Senior Center in San Francisco, CA. It currently provides temporary and transitional housing and is developing a permanent housing facility for the future. [1176] Other transitional housing programs for seniors—particularly low-income housing, homelessness prevention, and sober or residential treatment programs for seniors—may be more likely to admit seniors with criminal records because the conviction was long ago or you have physical or health needs that give you priority for the housing (it may help to mention these factors if the housing provider raises your record as an issue).
The U.S. Department of Veteran Affairs (VA) offers various housing programs for veterans. If you are currently incarcerated —whether in a state or federal facility—a “VA Reentry Specialist” is supposed to arrange a meeting with you about your goals to determine the resources available to best meet your needs after release.
Every region of the U.S. has a VA Reentry Specialist who can help determine your eligibility for VA benefits, help you enroll in the VA, and connect you with local housing and services. VA Reentry Specialists have relationships with both state and federal correctional facilities to help incarcerated veterans plan and prepare for release. [1177]
If you already met with the VA Reentry Specialist and received instructions for housing, you should continue with those arrangements. If you are starting from scratch, the VA’s Health Care for Homeless Veteran program can help you find housing in your area. You should visit your local VA, if possible, or call the National Call Center for Homeless Veterans hotline available 24/7 at 1-877-4-AID-VET (424-3838). There you will find a VA counselor available to help you.
HEALTH CARE FOR HOMELESS VETERANS CONTRACTS (HCHV) –
The HCHV program provides emergency housing, shelters, and treatment to veterans enrolled in VA Healthcare, through local community organizations and service providers. These local community organizations and service providers may offer outreach, exams, treatment, referrals, and case management to veterans who are homeless and dealing with mental health issues. [1178]
SUPPORTIVE SERVICES FOR VETERAN FAMILIES GRANTS (SSVF) –
Local non-profit organizations receive funding from the VA to assist low-income veterans (and their families) who are homeless or at risk of homelessness. SSVF programs can help you transition to permanent housing, along with case management and assistance with getting other benefits and services. [1179]
For a list of current SSVF providers, please visit the following website: http://www.va.gov/homeless/ssvf.asp
Participating SSVF programs may provide or may contract with local legal aid organizations to provide Veterans with legal services. (Veterans ineligible for VA Enrollment may be eligible to receive SSVF assistance if available. Inquire at your VA if this option is an option for you).
VA SUPPORTIVE HOUSING (HUD-VASH) PROGRAM –
HUD-VASH is a joint effort between HUD (US Department of Housing and Urban Development) and VA to move veterans and their families out of homelessness and into permanent housing. HUD provides Section 8 vouchers to eligible veterans, and the VA offers eligible homeless veterans clinical and supportive services through its health care system.
Veterans applying for Section 8 Housing Vouchers through the HUD-VASH program are subject to most Section 8 Housing eligibility rules (for example, your income). [1180]
THERE IS AN IMPORTANT EXCEPTION TO CRIMINAL RECORD BANS IN GOVERNMENT-ASSISTED HOUSING FOR VETERANS: HUD-VASH applicants are not subject to most Section 8 regulations regarding criminal and/or drug-related history . This means that Public Housing Authorities (PHAs) cannot deny Section 8 housing to HUD-VASH applicants based off the applicant’s prior drug activity or criminal record (unless you or someone in your household is subject to a lifetime sex offender registration—know as “290 registration” in California—in which case the PHA can still deny you and your household from Section 8 housing programs). [1181]
MENTAL HEALTH RESIDENTIAL REHABILITATION AND TREATMENT (MH RRTP) PROGRAMS—
MH RRTP provide residential rehabilitation and treatment services for veterans with multiple and severe medical conditions, mental illness, addiction, or psychosocial deficits. [1182] MH RRTP programs promote rehabilitation, recovery, health maintenance, improved quality of life, and community integration, in addition to treatment of medical conditions, mental illnesses, addictive disorders, and homelessness. The residential program helps veterans to develop a lifestyle self-care, personal responsibility, and medical health. [1183]
If you suffer from past addiction or alcoholism, you may be eligible for special housing and/or funding programs that provide residential treatment for substance abuse. These are also called “Sober Living Environments” (SLEs). More information about funding and these residential facilities can be found on CDCR’s website here: http://www.cdcr.ca.gov/rehabilitation/substance-abuse-services-coordination-agencies.html .
Yes. Past (BUT NOT CURRENT) drug addiction and alcoholism are considered disabilities under state and federal law. This means you may have the right to request reasonable accommodations for your disability. [1185] Reasonable accommodations might include an extended curfew so that you can attend treatment or AA/NA programs, permission to take methadone if prescribed by your doctor, or access to special rehabilitative services. Moreover, a landlord may not deny you housing or discriminate against you based on your past addiction or alcoholism.
For more information on housing protections for people with addiction-based disabilities, including what information a landlord CAN and CANNOT ask or consider, the following guide may be helpful: Fair Housing for People with Disabilities , by Mental Health Advocacy Services, Inc., pages 18-20, available online at: http://www.mhas-la.org/FH%20Manual%20rev.4-07.pdf .
For more information on asking for reasonable accommodations—where you could ask a landlord to make an exception to their policy banning former addicts from housing (since past addiction is a protected disability), go to Appendix E, PG. 414.
“DISTANCE” is measured by a straight line between the main entrance of the residence and the boundary of the nearest park or school, not the driving or walking distance. 15 Cal. Code Regs. § 3571(e)(4). “RESIDENCE” is any place where:
IMPORTANT: In the PAROLE & PROBATION CHAPTER of this guide, there is much more information about residency restrictions and other location-based restrictions for people required to register for sex offenses under California Penal Code section 290. Go to PG. 159 to learn more.
AS A BRIEF SUMMARY: In 2015, there were important changes in the law governing residency restriction for 290 registrants. Up until March 2015, as a result of Proposition 83 (“Jessica’s Law”), there were strict residency restrictions on people on parole who were required to register as sex offenders. If this law applied to you, you could not reside within 2,000 feet of any school or park where children regularly gather. [1186]
In March 2015, the California Supreme Court declared that the blanket residency restriction for all sex offenders required to register under California Penal Code section 290 is illegal. Now CDCR can place special restrictions on 290 registrants in the form of discretionary (decided specifically for you) parole conditions. These conditions can require more or less than Jessica’s law, but they must be based on facts surrounding each individual parolee’s case. [1187] The CDCR may also be able to impose other residency restrictions as special conditions of parole in individual cases based on specific case factors. [1188]
It is very important that you understand the difference between private and government-assisted housing, because depending on what type of housing you live in will affect your rights. There are very specific legal requirements for how a government-assisted housing provider can access, look at, and consider your criminal record, and different requirements for what a private landlord can access, look at, and consider.
IMPORTANT NOTE ABOUT THE TERMS USED IN THE HOUSING CHAPTER: We use the term “government-assisted” housing throughout this Chapter to refer to housing programs and owners of housing that receive money from the federal government. We do not use “public housing” to talk about any and all housing that gets government money because there is actually a specific program run by the government called the “Public Housing” program. So when we use the term “Public Housing,” we are referring to the specific Public Housing program, NOT all housing that receives government support.
Sometimes it’s clear that you live in government-assisted housing because you had to apply for the housing unit or program through a local Public Housing Authority (PHA) or your landlord is the PHA itself . Other times, it’s unclear that you live in government-assisted housing because the owner gets a special benefit directly from the government, and you didn’t know it. The hints above will help you figure out if you are living in government-assisted housing, but you can also ask the owner (the landlord) of the property.
This is a large category of housing that is owned and run by private landlords (NOT the government). Private housing could be an apartment, house, shelter, month-to-month lease, or year-to-year lease. It could be owned by a single owner or by a large property management company where you only interact with the housing managers and not the owner(s) themselves. … VERSUS…
If you are a low-income person or household and you are looking for affordable rental housing in your area, you may want to apply for government-assisted housing. The federal government funds most government-assisted housing programs. They have many rules about who can and can’t live there, including a lot of rules about how a criminal record affects your ability to live there (read about those rules and exclusions on PG. 352). Government-assisted housing is designed for low-income people.
For some government-assisted housing programs, the government runs the housing facilities and EVERYTHING about the housing application process. For other federally assisted housing programs, the government works with private companies or private owners/landlords who run their own facilities and have their own separate application process from the government.
Government-assisted housing could be short-term, long-term, an apartment, a house, a shelter, or a transitional housing program with services.
Government-assisted housing is a great option for many low-income people and households. While they have many rules about who can and cannot live there, it provides you with an opportunity to have affordable rental housing in your area. See PG. 350 below for the resources that can help you find government-assisted housing in your area.
Try the following resources to find government-assisted housing:
It depends. If you live in PUBLIC HOUSING, the local Public Housing Authority (PHA)—run by your city or county—owns your entire building and is your landlord. In rare cases, a private company may manage the building for the PHA or may be part of the ownership, but the building is still controlled by the PHA. PHAs operate in almost every city and county in California.
If you live in OTHER TYPES OF FEDERAL GOVERNMENT-ASSISTED HOUSING, the PHA is not your landlord. This includes all of the other types of government-assisted housing discussed on PG. 349 above. Even if you applied through the PHA, it will not be your landlord. Instead, your landlord will be a private owner who receives financial assistance from the federal government in exchange for renting to low-income people, or a private owner that accepts vouchers from low-income people who went through a PHA to get a reduction on their rent. Owners of government-assisted housing could be individual landlords, for-profit companies, or nonprofit organizations. You can get this type of government-assisted housing through VOUCHERS, where you get the assistance from a PHA and then have to find rental housing on the private market that will accept your voucher. OR you can get this type of government-assisted housing through “multifamily” properties where the owner gets the assistance and it stays with the property to keep it affordable for low-income tenants.
To be eligible for housing means you meet specific criteria so that it is possible for you to be accepted into that housing if you apply. On the other hand, being ineligible for certain types of housing means there is something about you or your situation that automatically disqualifies you and prevents you from being accepted because of housing agency’s rules.
Knowing the rules and policies that different types of housing have for who can and cannot live there is important for you to understand whether or not you will want to apply, and what your chances are of being accepted. If you are eligible , that means you could be accepted into the housing; but if you are ineligible , something about you or your situation automatically disqualifies you from being accepted because of the rules of that housing agency or because of some law that bans you from living there. Keep in mind: it’s possible for your situation to change in a way that could also change your eligibility. Continue reading to learn more.
You could be eligible or ineligible because of (1) your income, (2) your criminal record, and/or (3) some other specific factor.
(1) INCOME: How much money you make will be an important factor for certain types of housing. If you are low-income, it will help you in certain contexts. For example, housing that is subsidized (paid for partially or fully) by the government, you must be low-income—earning less than a certain amount of money per month—to be eligible. The income cutoff is different for different programs (read more below). But for most private housing, you must be earning more than a certain amount of money per month to be eligible. Landlords want proof of your income being a certain amount so they know you are able to pay rent.
(2) CRIMINAL RECORD: For almost all kinds of housing, specific kinds of criminal convictions may disqualify you from applying, or at least make it harder for you to get accepted as a tenant.
(3) OTHER SPECIFIC FACTORS: Some housing programs—especially those fully or partially funded by the government—are designed for certain specific groups of people. Your age, income level, disability status, veteran status, homeless status, gender, and whether you have children are just some of the factors that could make you eligible for certain specific housing programs.
Yes. If you were the sole recipient of Section 8 vouchers and are absent for a prolonged period of time due to incarceration, you may be in violation of your local Public Housing Authority’s local policies and/or the terms of your housing contract. [1189] If that is the case, your public housing assistance benefits are likely to be terminated. [1190] Federal law allows individuals to be absent from Section 8 housing for a maximum of 180 consecutive days, but the maximum set by your city or county’s Public Housing Authority may be shorter. [1191] To see contact information for local Public Housing Authority branches, go to Appendix A on PG. 398 or call HUD Customer’s Service at 1-202-708-1112. Note that you may have to wait six months after your Section 8 benefits were terminated before reapplying.
Whether you are looking at short-term/transitional or long-term housing, the impact of your criminal record on your application depends on whether that housing is PRIVATE or GOVERNMENT-ASSISTED. In this Chapter, when we talking about government-assisted housing, we are talking about housing that gets money from the federal government to make it more affordable for low-income people. The federal government has created many laws that control government-assisted housing, including who is allowed to live there.
In this Chapter, we will explain how your CRIMINAL RECORD affects your application to both private housing and government-assisted housing; whether or not a Public Housing Authority (PHA) or owner can refuse to rent to you, what you can do to strengthen your application, and how you can challenge a denial that you believe is illegal.
HOW CAN I FIGURE OUT IF I AM APPLYING TO/LIVING IN PRIVATE OR GOVERNMENT-ASSISTED HOUSING?
Sometimes it’s clear that you live in government-assisted housing because you had to apply for the housing unit or program through a local Public Housing Authority (PHA) or your landlord is the PHA itself . Other times, it’s unclear that you live in government-assisted housing because the owner gets a special benefit directly from the government, and you didn’t know it. The hints above will help you figure out if you are living in government-assisted housing, but you can also ask the owner (the landlord) of the property.
Most private landlords will run a background check on you, and have a broad discretion to deny you based on past criminal involvement. However, the landlord cannot have a blanket ban on ALL people with criminal records and must treat your criminal record the same as it treats other applicants’. Keep reading this section to learn what landlords can and can’t do when getting and considering your criminal history information.
Most of the time, yes. Unfortunately, the law does not protect you from housing discrimination based on your criminal record alone. Although federal and state laws make it illegal for private landlords to discriminate against you because of your race, color, national origin, ancestry, sex, gender, gender identity, gender expression, sexual orientation, religion, disability, marital status, family status, genetic information, and source of income in California, they do not provide any specific or direct protection based on having a criminal record. [1192] Landlords have the power to choose their tenants, and judges often side with landlords who claim that banning people with criminal records is necessary to protect other residents and property. [1193]
However, there are some cases where you might be protected if a private landlord rejects you because of your criminal record.
Continue reading for more information!
Below are some situations where you might be legally protected if a private landlord is discriminating on the basis of your criminal record:
Here, a “blanket ban” means there is a policy that COMPLETELY bans or disqualifies someone—with no exceptions for any reason—from housing.
In 2016, the federal Department of Housing and Urban Development (HUD) issued guidelines on how housing discrimination laws apply to people with criminal records. [1194] In HUD’s view, it is a violation of federal law to refuse to rent or sell to any person with any criminal conviction on that basis. [1195] The specific arguments for why blanket bans violate the law are covered in #2-4 below.
If you think one of these arguments applies to your situation, it may be a good idea to consult an attorney. [1196] See the list of legal aid providers on PG. 1075 of this guide.
2) Arbitrary Discrimination:
According to HUD, more focused policies, such as bans on people with specific types of criminal convictions, may violate federal law if they don’t serve a legitimate purpose (or, in legal terms, “a substantial, legitimate, and nondiscriminatory interest”). Any policy that doesn’t take into consideration how much time has passed since the conviction(s), or the nature or seriousness of the crime, is unlikely to meet this standard. On the other hand, policies aimed at preventing harm to residents’ safety and/or property may be sufficient. [1197]
California state law also prohibits “arbitrary discrimination,” (meaning unreasonable discrimination), so if a landlord has a blanket ban against anyone with criminal records—without consideration of your individual situation and ability to be a good tenant—it may be considered unreasonable, arbitrary discrimination, which is illegal. [1198]
If you come across a blanket ban, or discrimination that seems completely arbitrary, you should contact a lawyer. See the list of legal aid providers on PG. 1075 of this guide.
3) Unfair Treatment (also called “discriminatory treatment”):
Even though a private landlord is legally allowed to consider your criminal record, the landlord must apply the same standards for screening applicants equally. For example, a landlord can’t reject an African-American applicant based on his/her criminal record, but then accept a white applicant with a similar criminal record.
Another example is that if a private landlord conducts a background check on you, the landlord must also conduct the same background check on all other applicants.
If you come across a private landlord who you believe is treating your criminal record differently from other similar applicants, this may violate your right to equal treatment under federal and state law. You should contact a lawyer. See the list of legal aid providers on PG. 1075 of this guide.
4) Unfair Impact (also called “disparate impact” or “discriminatory effect”) & Blanket Bans:
As a group, people with criminal convictions are not directly protected by the Fair Housing Act – the federal law prohibiting housing discrimination based on things like race, gender, and sexual orientation. However, in 2015, the United States Supreme Court held that a housing policy that affects people of color more than others may violate the Fair Housing Act if it isn’t supported by a legally sufficient justification. [1199] Thus, because African-Americans, Latinos, and other people of color are overrepresented in our criminal justice system, there is a strong argument that banning tenants with criminal records from private housing violates the law as well.
In addition, California’s fair housing laws may give you slightly stronger protection in this situation, because a blanket ban against all tenants with any criminal records—regardless of the type of conviction, when it occurred, whether it affects your ability to be a good tenant (like pay rent; respect your neighbors and property; etc.), and evidence of your rehabilitation & mitigating circumstances (see PG. 366 for details on evidence of rehabilitation and mitigating circumstances)—has a discriminatory effect and may not be “necessary” to protect other tenants and property. [1200]
5) Past Drug or Alcohol Addiction (A Protected Disability)
It is illegal for a landlord to deny you housing based on a past drug or alcohol addiction, as this is a protected disability status. Past addiction, as well as current alcoholism, [1201] are considered disabilities under both federal and state law, so landlords cannot deny you housing for this reason or even ask about past drug or alcohol abuse. Landlords must also provide you with reasonable accommodations if necessary. [1202]
However, a landlord may deny you housing if you are currently using or selling illegal drugs (this is the same rule that applies to current drug use in government-assisted housing properties.
If a landlord denies you housing due to past drug or alcohol abuse, you should request reasonable accommodations and/or challenge the denial. It is suggested that you try and contact an attorney to help, since every individual’s circumstances and case are different. See the list of legal aid providers on PG. 1075 of this guide for places that may be able to assist you.
When you apply to government-assisted housing through a Public Housing Authority (PHA) (see definition on PG. 336), the PHA runs a criminal background check on:
The rules governing who may be denied are very broad. The PHA tries to exclude people it believes will “risk the health and safety of other tenants.” On the other hand, the PHA may choose to overlook your criminal convictions and accept your application, especially if they see evidence that you have changed since the time of your conviction. [1203]
Some cities in California are making an effort to make affordable housing more inclusive to people with criminal records. For example, in 2016, the city of Richmond approved a city ordinance to protect the housing rights of people in reentry. [1204] The “Fair Chance Access to Affordable Housing” ordinance will be added to the Richmond Municipal Code as Chapter 7.110 in 2017. [1205] San Francisco adopted a similar ordinance in 2014. [1206] For more information about San Francisco’s Fair Chance ordinance, see Appendix H on PG. 422.
IMPORTANT! There are a lot of rules about who can and cannot live in government-assisted housing. Every program has its own set of rules that you should be aware of BEFORE you apply . You want to know what laws or program policies might prevent you from living there because of a criminal conviction or other criminal history information, even if your family already lives there. Some bans are required by law, while others are allowed, but not required. These types of bans are up to the discretion and policies of the PHA and/or the owner of the government-assisted housing. You should look at the policies BEFORE YOU APPLY.
Yes, it’s possible. Rules for government-assisted housing can be VERY STRICT. Your local Public Housing Authority (PHA), which runs a lot of the government-assisted housing programs like Section 8 Housing Choice Vouchers and the Public Housing program, and works with private owners that accept government assistance to keep their buildings more affordable, may reject you and your household because of certain criminal convictions.
There are two reasons that a PHA or owner of government-assisted housing will reject you—the first is when it’s legally required (meaning the PHA and/or the owner of government-assisted housing don’t have a choice and must deny you), and the second is when it’s allowed but not required (meaning the PHA and/or the owner of government-assisted housing has a choice to deny you, but doesn’t have to). It is important for you to understand both situations, and your options to challenge the bans that are allowed, but not required, or spot situations where a PHA or owner of government-assisted housing tells you that the ban is legally required, but there is a legal loophole. Keep reading to learn more.
(1) BANS THAT ARE REQUIRED: Sometimes, a government-assisted housing provider MUST deny certain applicants because they have a specific type of conviction on their record. Because the law says that the rejection is required (“mandatory”), PHAs and owners of government-assisted housing do not have a choice in the matter. They must deny you if you have one of the convictions listed in the law. For all conviction-based bans that are legally required, see the chart PG. 356, and the questions on PG. 359. (2) BANS THAT ARE ALLOWED, BUT NOT REQUIRED (“CATCH-ALL” BANS): More commonly, you will likely fall into a “catch-all” ban on people with any criminal activity (which includes both arrests and convictions, even if they have been dismissed) that threaten the health, safety, or right of peaceful enjoyment to the government-assisted property by the other residents, the property owner, or the PHA’s staff or agents/contractors . This includes drug-related criminal activity and violent criminal activity (again, both arrests and convictions, even if dismissed, can be considered). Here, the law doesn’t require that you get denied from the housing program, but it allows PHAs and owners of government-assisted housing to deny you on this basis.
The rules for criminal records are different for every government-assisted housing program and are determined locally. Even an owner of government-assisted housing CAN HAVE DIFFERENT RULES than the Public Housing Authority (PHA) that oversees the government-assisted housing programs. You should be able to find these rules FOR YOUR PROGRAM. You can look in the following places:
BELOW IS A CHART THAT SUMMARIZED THE CRIMINAL RECORD-RELATED BANS IN GOVERNMENT-ASSISTED HOUSING. (Also find an overview on pg. 355 and detailed explanations beginning on pg. 359).
In the chart above, we summarize 4 situations where a Public Housing Authority (PHA) and the owners of federal government-assisted housing MUST reject you under law based on particular types of convictions. PLEASE NOTE:
SO READ CAREFULLY! Don’t assume the ban applies to you. Try to match your exact situation and conviction/criminal record with this chart to see how your criminal record will impact your ability to get into federal government-assisted housing.
If you have legal questions, we suggest calling a housing legal aid provider from the list of legal aid providers on PG. 1075, or contact Root & Rebound at 510-279-4662 for further guidance or a referral.
Here we explain the information from the chart above in a question & answer format in much more detail. You will learn about the specifics of each of these criminal record bans in government-assisted housing. Later we explain how to challenge denials due to your criminal record, beginning on PG. 386.
Here we explain the four bans that are required (“mandatory”) for SOME types of federal government-assisted housing programs, but not ALL. There might be government-assisted programs where these bans DO NOT APPLY. So please read carefully!
Under federal law, PHAs and owners of government-assisted housing MUST PERMANENTLY DENY admission to an entire household to three of the federal government-assisted housing programs— (1) Public Housing, (2) the “Section 8” Housing Choice Voucher program, and (3) the Section 8 Moderate Rehabilitation program —if ANY MEMBER of the household has ever been convicted for the manufacture or production of methamphetamine ON THE PREMISES of any type of federal government-assisted housing. [1209] Because this rule is so specific, the lifetime ban applies to only a very small number of housing applicants.
Let’s break it down further. As you apply to a PHA for government-assisted housing, this lifetime ban only applies to you if someone in your household was:
I was denied by the PHA or the owner of government-assisted housing, but based on the information in this legal guide, I think it was a mistake or the required ban doesn’t apply to me. How do I challenge the denial? If another assisted housing program—not one of the three listed above—tries to impose a lifetime ban on you due to your conviction for the manufacture of production of methamphetamine on the premises of federal government-assisted property, you can challenge the lifetime ban and present mitigating information (meaning facts that are specific to your case and circumstances showing you should not be denied the housing—see PG. 353).
Mistakes could include:
Under federal law, PHAs and owners of government-assisted housing MUST PERMANENTLY DENY admission to an entire household—to almost all federal government-assisted housing programs—if ANY MEMBER of the applicant household is required to be lifetime registered under any state’s sex offender registration program. [1211]
THIS REQUIRED BAN DOES NOT APPLY TO YOU if you are required to register as a sex offender for a temporary or limited amount of time. Again, the ban only applies if you are required to register as a sex offender in any state for the rest of your life. Unfortunately, PHAs and owners of government-assisted property will often mistakenly apply the ban to anyone registered as a sex offender.
EXCEPTION FOR CERTAIN TYPES OF GOVERNMENT-ASSISTED HOUSING PROGRAMS (NO REQUIRED BAN) : The other exception is that owners of two government-assisted housing programs—Low-Income Housing Tax Credit (LIHTC) properties and Rural Development (RD) housing—are NOT REQUIRED to deny admission to a lifetime registered sex offender; they have discretion. [1212]
I was denied by the PHA or the owner of government-assisted housing because I am a registered sex offender, but based on the information in this legal guide, I think it was a mistake or the required ban doesn’t apply to me. How do I challenge the denial? Some PHAs or owners misinterpret the rules that apply to sex offender registrants, and some apply their own criteria—which in the real world means that the PHA or owner will end up automatically banning a person who shouldn’t be automatically banned (an example of this would be if a PHA had a policy that permanently bans all people required to register on a state’s Sex Offender Registry list, even people who don’t have to register for their entire lifetime). If this is your situation, you can challenge the denial by asking the PHA for an informal review hearing (see PG. 388).Only if you meet the legal definition of a lifetime registered sex offender can you be permanently denied federal government-assisted housing without any other consideration of your individual circumstances. Thus, if you do not have a lifetime sex offender registration requirement, the PHA should analyze the time, nature and circumstances of the offense, as appropriate for any other criminal activity (see PG. 348). [1213] As an applicant, you should also be allowed to show mitigating information and/or proof of your rehabilitation (see PG. 366 for explanations of what counts as mitigating information and proof of rehabilitation). For example, if you do not have to register as a sex offender for the rest of your lifetime, you should be able to establish that the criminal conduct was not violent, did not involve children, happened a long time ago, and that there have been no problems since the conviction. [1214]
IMPORTANT: There are other restrictions on where people who must register as sex offenders can live under California state law. It is VERY IMPORTANT to check your state and local laws regarding these requirements to know if they apply to you, and how it will affect where you can live. See PG. 348 of this HOUSING CHAPTER and PG. 159 of the PAROLE & PROBATION CHAPTER to understand additional restrictions on where 290 registrants can live in California.
Under federal law, PHAs and owners of government-assisted housing MUST DENY admission to an entire household to three of the government-assisted housing programs— (1) Public Housing, (2) the “Section 8” Housing Choice Voucher program, and (3) the Section 8 Moderate Rehabilitation program —if ANY MEMBER of the household has ever been EVICTED from any federal government-assisted housing program or property because of drug-related criminal activity. [1215] This ban must last for a minimum of 3 years, starting from the date of eviction, but PHAs and owners can choose to extend it. [1216]
PLEASE NOTE: This ban only applies to the three types of federal government-assisted housing mentioned above. It does NOT apply to the following types of government-assisted housing programs:
IMPORTANT EXCEPTION: PHA or owner may admit your household if the person whose drug-related criminal activity led to the eviction later goes on to complete an approved, supervised drug rehabilitation program , OR if your circumstances have changed. [1219] This is an important exception, because it gives you the power to change your situation!By taking and completing an approved drug rehabilitation program, you could become eligible for housing again, or if your circumstances have changed. “Changed circumstances” could mean:
My application was denied by the PHA or the owner of government-assisted housing because of a past eviction from federal government-assisted property for drug-related criminal activity, but I think it was a mistake or that the ban is unreasonably long (more than 3 years). How do I challenge the denial?
PHAs and owners of government-assisted housing must deny admission to an entire household if ANY MEMBER of the household is currently using illegal drugs. [1222]
QUESTIONS RELATED TO CURRENT DRUG USE:
Current drug use on or near the property by any tenant, household member, person under the tenant’s control, or guest will disqualify you. [1223] “Current” means you used illegal drugs “recently enough to justify a reasonable belief” that you’re still using. In their written policies, PHAs and owners should spell out what they define as “recent,” and must abide by that policy. Read more about “recentness” requirements on PG. 415. To learn about how your past addiction could be a protected disability which allows you to ask for a “reasonable accommodation”—which means you can ask the PHA or owner of government-assisted housing to lift or relax this ban (see Appendix E, PG. 414).
A PHA or owner could learn about your drug or alcohol use directly from you (in your application) or from access to records about your criminal history or drug treatment. To learn more about how a PHA or owner accesses records related to your alcohol or drug use, read Access to Your Drug/ Alcohol Records for Government-Assisted Housing on PG. 374.
No, you should be honest on the application. You can be denied the government-assisted housing—or later evicted (kicked out/terminated from the program)—for intentionally lying during the application process.
Generally, they don’t have to, but PHAs and owners may consider that you have participated in or have completed a drug rehabilitation program, and may ask you for documentation that you are not currently using illegal drugs. [1224] Specifically, you may have to provide documentation of your drug rehabilitation with your application if you want to avoid or reduce the 3+ year ban on admitting people who were previously evicted from federally-assisted housing due to a drug-related crime. [1225]
No. PHAs and owners may not require you to undergo any type of physical exam or medical testing in order to admit you to a housing program. This includes testing for HIV/AIDS, Tuberculosis (Tb), pregnancy, and, presumably, drug/alcohol screening. [1226]
WARNING: if applying to government-assisted housing, it is very important for anyone with a criminal record to read the following section!
For the many of you who do not fall into one of the required (“mandatory”) bans discussed above, it’s more likely you could get denied government-assisted housing because the Public Housing Authority (PHA) or the owner of the government-assisted housing has decided based on your criminal record that you currently “pose a risk to the health, safety, or right to peaceful enjoyment of the property by other residents, the owner, or the PHA staff or agents/contractors.” [1227]
This is a “catch-all” category and allows the PHA or owner of government-assisted property to deny applicants with criminal histories more generally. They are allowed to consider a lot of information, including past convictions (even convictions you had expunged); arrests (even those that never led to a conviction); and in some cases your drug treatment records. See PG. 374 for detailed information about what criminal records a Public Housing Authority (PHA) or owner of government-assisted property can access about you.
REMEMBER THAT THESE “CATCH-ALL” BANS ARE NOT REQUIRED: This “catch-all” category is NOT a required ban. The PHA or owner is allowed to exclude you only if they can show that your criminal history poses a current threat to the health, safety, or peace of other residents, the owner, or PHA staff or agents/contractors. It’s recommended that they consider mitigating information and proof of your rehabilitation—and in the case of the Public Housing program, the PHA must consider this extra information!
Each local PHA and owner of government-assisted housing will have different rules about what criminal history information they will ignore and what they will consider. By law, the PHAs and owners of government-assisted housing MUST put their policies in writing and make them available to applicants. [1228]
The rules and policies of each local PHA and owner of government-assisted housing MUST not violate the legal protections discussed on PG. 374. Furthermore, the PHA must follow its own rules and policies.
You may want to consider talking to an advocate/lawyer about whether or not a particular PHA’s policies to exclude people with certain criminal records could be violating the law. (See PG. 1075 for a list of legal aid providers across California).
IMPORTANT: Want to learn how to challenge a denial from a PHA or owner of government-assisted housing? Go to PG. 359 to learn more!
Yes. [1229] A PHA or owner of government-assisted housing may consider expunged convictions in deciding whether to admit you into a government-assisted housing program or unit. [1230]
This also means that, for this application, when you are asked about any past convictions, you should list even those that have been expunged . [1231] If you lie or don’t include them, the PHA or owner can reject you during the housing application process just for lying OR the PHA or owner could evict you later if it finds out that you intentionally lied during the application. [1232]
Remember, The PHA’s or owner’s right to reject you based on your criminal record (including expunged convictions) is limited by federal [1233] and state law. [1234] Go to PG. 359 to learn more about these protections and limitations on the kinds of denials that PHAs and owners can make.
For more information on getting a conviction expunged, see the CLEANING UP YOUR CRIMINAL RECORD CHAPTER, PG. 915.
No. [1235] A PHA or owner of government-assisted housing CANNOT deny, end assistance, or evict you based on arrest records alone. [1236] Some PHAs or owners of government-assisted housing might ask about arrests, and some might not. But whatever the policy, the PHA or owner MUST be able to show that’s it is more probable than not that the conduct underlying the arrest occurred and that such conduct could threaten the health, safety, or right to peaceful enjoyment of the building by other residents, the owner, or PHA staff or its agents/contractors . This means the PHA or owner of government-assisted housing will need other forms of proof (beyond just the arrest record) that the conduct underlying the arrest occurred, because of course, an arrest is NOT legal proof that you actually committed a crime (unlike a conviction, which shows guilt). [1237]
If you were denied government-assisted housing based on arrest records alone (without more proof), you can challenge the denial, as this practice likely violates fair housing and anti-discrimination laws and/or your right to due process. [1238] We suggest that you contact a housing attorney or legal aid organization that can help you (see the list of legal aid providers on PG. 1075). Whether or not you can find a lawyer to help you, you should try to get familiar with the procedure for challenging a PHA’s or government-assisted owner’s decision to deny you. For details on this process, see PG. 359.
If the program shows up on your background check as a conviction, then the PHA or owner of the government-assisted housing can consider it, and possibly deny you. [1239] SO it depends on how it comes up on your background check.
To learn more about how private background checks work, see PG. 372.
Yes. You can be excluded from federal government-assisted housing for the convictions of family members who are part of the current household. [1245]
If the person no longer lives with you, you should NOT be denied because of their convictions, but you may have to prove that he or she is not part of the household anymore. [1246]
If you are denied government-assisted housing by a PHA or owner because of criminal activity that DOES NOT threaten anyone’s health, safety, peace, or property, then you have a strong argument to challenge the denial. Go to PG. 359 of this chapter to learn how. Many advocates argue that certain crimes—like prostitution, DUIs, & shoplifting—should not disqualify you because they do not pose any threat to others. The PHA or owner must base his/her decision to deny you on a “reasonable belief” that the criminal activity would threaten the health, safety, or right to peaceful enjoyment of others.
The Public Housing Authority (PHA) or owner of government-assisted housing must follow certain laws and rules when considering your past convictions and criminal history information. They may only reject you for criminal activity that threatens the health, safety, or peace of other residents or staff AND the criminal activity must be “reasonably recent.”
A PHA or owner may only reject you for criminal activity that is: [1247]
A PHA or owner of federal government-assisted housing can only reject you due to criminal activity that is CURRENT or is “ reasonably recent .” [1250] The length of any ban based on criminal records cannot be “unconscionable”—meaning unreasonable and excessive, drastic beyond what’s really needed, or extremely unfair. [1251]
The U.S. Department of Housing and Urban Development (HUD), which oversees most federally-funded housing programs (such as Public Housing, the “Section 8” Housing Choice Voucher program, and others), suggests that “5 years may be reasonable for serious offenses” (like making or dealing drugs) [1252] and suggests that PHAs and owners should set reasonable time periods for different types of criminal activity in their WRITTEN POLICIES. [1253] HUD has also suggested that a conviction for illegal drug use that happened 1 year ago could still be considered “recent.” [1254]
If you are applying to private housing, be careful not to share any more information than necessary—see PG. 372 to understand what criminal record information a private landlord can access, and see PG. 359 to learn ways you can identify illegal discrimination by private landlords (which has a different legal standard than discrimination by Public Housing Authorities (PHA) and government-assisted owners.
If you can prove that your conviction was the result of a disability (which includes past drug addiction and mental illness), then you can ask the PHA or owner of government-assisted housing for an exception from their ban as a “reasonable accommodation” to accommodate your disability and give you equal opportunity to access the housing. [1255] Read more about how to do this in Appendix E, PG. 414.
This section explains the types of information and evidence that you can show to strengthen your application to a PHA or government-assisted housing. You can also provide this type of information and evidence to challenge a denial from government-assisted housing. (Learn more about challenging denials from government-assisted housing beginning on PG. 386.)
“Proof of mitigating factors” is extra information and evidence that explains that the PHA or landlord should not view the offense or conduct as negatively as it might otherwise. You can submit things like:
Proof of rehabilitation is information and evidence that you have changed and improved since the time of your criminal offense or conduct. You can submit things like:
Generally, programs are not required to consider mitigating circumstances and evidence of rehabilitation, [1256] but they are encouraged to do so. [1257] Only the Public Housing program—run by your local Public Housing Authority (PHA)—MUST consider mitigating circumstances (that is in cases where the PHA has a criminal record ban in place that is not required by law—see PG. 354 for more information on such bans that are allowed , but not required). [1258]
Good news! THIS GIVES YOU AN OPPORTUNITY TO EXPLAIN THE SITUATION AND PRESENT FACTS IN A WAY THAT WILL PUT YOUR RECORD IN THE BEST POSSIBLE LIGHT—WHICH WILL IMPROVE YOUR CHANCES OF GETTING ACCEPTED.
All PHAs and owners of government-assisted housing are ENCOURAGED to look at the following (and for the Public Housing program, PHAs must look at the following): [1259]
IF YOU PROVIDE THIS INFORMATION UPFRONT, you will likely have a better shot of getting into the government-assisted housing program. Many government-assisted housing programs that are not legally required to ask you for mitigating or rehabilitative evidence won’t… so be proactive!
Similarly, if you are TRYING TO REJOIN a government-assisted housing unit, be prepared to explain why you should be accepted, despite your record. Because the PHA or owner of the government-assisted housing is likely to run a background check on you, you should be prepared— if asked —to honestly disclose your criminal record AND to demonstrate mitigating circumstances and evidence of your rehabilitation (see PG. 366).
Consider giving the PHA or owner additional information about all the benefits of having you join your family and how your joining may positively affect the stability of the entire housing development. These benefits depend on the facts of your specific situation. For example, you might include information about your relationship with the family members currently living in the household, especially a positive relationship with any children or a supportive relationship between you and your spouse. Another example is your potential to increase the income of the family unit already living there, so that you will stabilize the rent paid to the PHA or owner of the government-assisted housing. To learn more about joining family and friends—in either private or government-assisted housing—see PG. 380.
Continue reading to learn about specific types of evidence that show proof of mitigating circumstances and rehabilitation that strengthen your application to government-assisted housing!
IMPORTANT TIP AS YOU GATHER HELPFUL EVIDENCE OF YOUR REHABILITATION & MITIGATING CIRCUMSTANCES: Try to get at least one item from the following list, and as many of these forms of proof as you are able. If you cannot do so, you will have to work very hard—and creatively—at getting other evidence to overcome a criminal record ban or challenge a denial to government-assisted housing.
Provide proof of your rehabilitation and mitigating factors as explained above! Letters of support and certificates of successful completion of programs that improved your life are one of the key ways can help strengthen your application to government-assisted housing! Make sure that the letters you get are detailed and very positive about you! A weak, impersonal letter is almost as useless as no letter at all.
Below are some places you should consider getting letters of support or other documents proving your participation:
Show that you stayed in school for at least 6 months and have a positive school record.
Show that you stayed in a job-training program for at least 6 months and have a positive record.
Show that you kept a job for at least 6 months and had a positive work record:
Show that you spent at least 6 months in counseling or another social service program to deal with the problem that led you into criminal behavior. If you were in drug treatment or had a drug problem, you might be required to provide a clean drug test. You also have to show that you have done well in the program.
If you have any type of disability that prevents you from going to school or working, then it can help to show any programs you have participated in to get support for your disability. If the disability is a past drug addiction (NOT a current one), alcoholism, or a mental health issue, it could be helpful to show at least six months of counseling, such as mental health treatment or drug or alcohol treatment.
Proof of this can be your counselor’s letter explaining that you are unable to work (see above). You can also try to get any other proof of your disability, such as a letter from your doctor, saying that you cannot work or go to school because of your disability. If you are on SSI or SSDI public benefits, you can also provide proof (learn more about SSI on PG. 481, and more about SSDI on PG. 477 in the PUBLIC BENEFITS CHAPTER). If you cannot show at least six months of counseling, work, school, or job training, then you will have a much harder time convincing the PHA to find you eligible. However, if your disability is so severe that you cannot participate in ANY of these activities (for example, you are homebound), a letter explaining this can be helpful.
For more information about whether you qualify for some form of expungement (like a dismissal, pardon, or Certificate of Rehabilitation), and how to get these, go to the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, beginning on PG. 915.
While PHAs and owners of government-assisted housing are not as persuaded by the following types of evidence, they can still be helpful if the support letters are very detailed, very positive, and make you look like you are doing ALL YOU CAN DO to move your life in a positive direction and be a productive member of society. Consider the following other forms of helpful evidence to include in your application to government-assisted housing (OR at a hearing challenging a denial):
While it is always nice to have support from your family, these letters are not as helpful because the PHA and/or owner of government-assisted housing assumes that your family members would write anything to help you get the housing. You can certainly include such letters if you like, but letters from people outside your family will have a bigger impact.
If you need the housing badly due to a disability or because you are homeless , you should let the PHA know, as those needs might help your application to be processed faster.
Beyond these situations, however, information about how you really need the housing or the fact that you can’t afford other housing in the area won’t hurt or help you because it’s usually not enough of a reason to overcome your criminal record. If you’re not sure, you can go ahead and mention the need in the application.
If the housing unit has unique characteristics that you need, you should request that the unit be kept open while your application is being reviewed, especially if you are challenging a denial of your application. This means that the PHA or owner agrees not to rent the unit to someone else until your application is decided. You wouldn’t want to win the right to live in the unit, just to have it lost to another renter while you challenge the unlawful denial. A PHA or owner will balance such a request with the need to rent vacant units. Go to PG. 347 to learn more about getting into housing if the crime you committed was caused by a disability (like mental illness or past addiction).
Here are three major categories of records that might tell a private landlord, Public Housing Authority (PHA), or owner of government-assisted housing something about your criminal history:
We go into the rules about when these records can be accessed, and what can be considered, beginning on PG. 372.
1) CRIMINAL HISTORY RECORDS:
These include: government-produced criminal records; publicly available court records of cases involving you; police and law enforcement records including arrest records; reports produced by private background check and tenant-screening companies (see #2: “BACKGROUND CHECKS/TENANT REPORTS” below); Internet research; the newspaper; and/or information received directly from you—through an application form or by asking you. Learn more about where your criminal records come from in the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, beginning on PG. 915.
2) BACKGROUND CHECKS/“TENANT REPORTS”:
A private landlord, PHA, or government-assisted owner will MOST LIKELY get a copy of your background check from a private company—and when it’s for a housing provider, the background check report is often called a “tenant report.” Tenant reports show credit information, employment history, certain criminal history information, entries in sex offender registries or other public databases, driving records, interviews with people who know you, and more . These reports are created and provided by private background check companies and/or credit bureaus. (See PG. 372 to better understand the rules about getting background checks, and what information can be considered for housing.)
3) DRUG OR ALCOHOL TREATMENT RECORDS:
These are documents that show your enrollment in, participation in, and completion of any drug or alcohol treatment programs. In some cases, a PHA or owner of government-assisted housing, may be able to get records about your past drug or alcohol treatment, BUT A REGULAR PRIVATE LANDLORD CANNOT GET THESE RECORDS. [1261]
No, not really. As a general note, whenever you apply to ANY type of housing—whether you’re applying to private housing (run by a private landlord) OR to government-assisted housing (through a Public Housing Authority (PHA) or directly to an owner of government-assisted housing)—all of these people and agencies CAN access your credit report , which is different from your criminal records, but might be combined in a “tenant report” (which is just a background for housing).
Credit reports include information about your past finances and credit history, such as whether you have a history of paying bills on time. Credit reports also show whether past credit problems have ended in a bankruptcy or a court proceeding for failing to pay your rent on time (called an “eviction” or an “unlawful detainer” ). A credit report shows ONLY credit information, NOT criminal history information. We included some very general rules about credit reports in Appendix G , PG. 421 of this chapter, but these rules are only a summary. This Chapter focuses on how criminal records come up as you apply for housing, not past credit issues.
It depends on who is running the background check. Neither PHAs nor owners of federal government-assisted housing can charge you any fees for criminal background checks. [1262] The rule is different if you are applying for private housing from a private landlord—private landlords can charge you a fee. See more on PG. 392. [1263]
A private landlord can learn about your criminal record from any of the following sources:
See also the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, PG. 915, for a detailed explanation of the many public places that your criminal history information is stored, and how to correct mistakes.
As an applicant to private housing, you have legal rights related to the information that comes up in a private background check, and how a private landlord may use it. The law protects you by making it illegal for certain types of information to be included in a criminal background check (also called a “tenant report,” or in California, a “consumer report”) on you. But there are a lot of laws that limit what a private background check company creating a tenant report for a landlord can share with them.
Under state and federal law, you have the right to the following protections if a private landlord runs a background check on you:
The following information cannot show up in a private background check report in California:
Yes. Private background check companies (called “Credit Reporting Agencies” in California) CANNOT include “public record” information unless it has been double-checked for accuracy in the past 30 days. Public record information includes arrests, convictions, civil actions, tax liens, and outstanding judgments.
Yes! The landlord has to tell you if your criminal history is the reason you are not getting the apartment. If there is a negative action taken—like not renting you the apartment—because of a background report, the landlord must follow this 2-step procedure:
STEP 1: The landlord must provide you with a copy of the report and a copy of the Federal Trade Commission Summary of Rights before the negative action is taken—giving you an opportunity to clear up any inaccuracies in the report.
STEP 2: If the landlord goes forward with the negative action, it must provide you notice about the adverse decision, the contact information of the reporting agency, a statement that the landlord (and not the screening company) made the adverse decision; and your right to dispute the accuracy or completeness of the report. [1272]
Generally, yes.* A private landlord can ask you—in writing in an apartment application OR directly in conversation—about past criminal convictions, arrests, and other criminal activity, and you should answer honestly. BUT if the landlord is asking you about past convictions, criminal conduct or activity, he or she must be asking everyone equally . [1273]
* SPECIAL “BAN THE BOX” PROTECTION IN SAN FRANCISCO, CA: In San Francisco, CA, there are special protections if you apply to city-funded affordable housing in San Francisco—which includes private “Below Market Rate” (BMR) apartments that are often in new buildings. See Appendix H, PG. 422 to learn more about this new law called the “San Francisco Fair Chance Ordinance,” which prevents some housing providers from asking you about your criminal record on the initial application.
Yes. When a landlord collects information in the background check process—like credit reports and criminal background checks/ tenant screening reports, the landlord CANNOT use those reports for any other purpose than the one they originally asked for. Also, when a landlord is done using the information, federal law requires that he/she get rid of it (whether in paper or electronic form). [1274]
When you apply to PHAs and/or owners of government-assisted housing, they can research you to decide whether you should be accepted or rejected. To do this research, they are allowed to access different kinds of records. There are rules for how they can access and use these records, described below, so keep reading!
PLEASE NOTE: There are different rules for how PHAs and owners of federal government-assisted housing can access and use your criminal history records. In sum, the PHA can get more information about your criminal history than an owner of government-assisted housing. We will explain how each gets access to your criminal history information below.
Most PHAs get criminal history information about you from private background check companies that gather lots of criminal history information from different public sources and put them in one report to the PHA (see more on PG. 372).
PHAs can also get your criminal history information directly from ALL OF THE PUBLIC SOURCES listed on PG. 372, such as Internet searches and adult criminal court records!
If you apply to a PHA for one of the three major federal government-assisted-housing programs (Public Housing, “Section 8” Housing Choice Vouchers, and project-based Section 8 Housing), PHAs can ask for criminal records on you from the National Crime Information Center, state and local police departments, and other law enforcement agencies, and it’s required to give them to the PHA. [1275]
REMEMBER: There is a DIFFERENT RULE FOR OWNERS OF GOVERNMENT-ASSISTED HOUSING. Owners of federal government-assisted housing CANNOT get your conviction records directly from the National Crime Information Center or law enforcement agencies—but the PHA might share some of this information with them. See the next question below.
Yes. PHAs can legally require you to SIGN A RELEASE FORM so that they can get this criminal history information for these housing programs. [1276]
Most likely, yes. Your current PHA is encouraged (but not required) to send criminal background check information about you to the new PHA. [1277]
The law is still unclear for most government-assisted housing programs. The short answer is that a PHA can get limited access to your drug/alcohol treatment records if you are applying to or currently living as a tenant in the Public Housing program (which is a specific type of government-assisted housing program ). There are no similar rules for the other government-assisted housing programs (like “Section 8” Housing Choice Vouchers or the Section 8 Moderate Rehabilitation Program). [1278] Therefore, unless you are applying to the Public Housing program, it is still unclear if PHAs can legally request or obtain information about you from drug/alcohol treatment facilities. This rule is further explained below.
If you are applying to the Public Housing program, the local PHA is allowed to request and get information about you from drug treatment facilities, [1279] but the PHA is limited to asking only one question relating to your eligibility for the housing, which is:
“Does the drug abuse treatment facility have reasonable cause to believe that the household member is currently engaging in illegal drug use?” [1280]
That is the only question that can be asked and the PHA cannot seek any additional information from the drug treatment facility!
When requesting information from a drug treatment facility about an applicant or tenant for the public housing program, The PHA must:
If you believe you were denied housing because of illegal access to your records, or because of incorrect or illegal information, you should IMMEDIATELY ask for a review hearing! A review hearing is an informal procedure in which you can present corrections to your record, evidence of rehabilitation, and other mitigating information (see PG. 366) to challenge a denial to government-assisted housing. Go to PG. 359 of this HOUSING CHAPTER to learn about the procedure for challenging denials and how to request an informal review hearing.
Most owners of government-assisted housing—just like most private landlords—get your criminal records from background check reports (a.k.a. “tenant reports”) run by private background check companies (a.k.a. “tenant screening” companies), public records and Internet searches, or by asking you directly in your application or interview.
* THERE IS ONE EXCEPTION TO THIS RULE: Owners of Project-Based Section 8 housing (which is a government-assisted program where the financial subsidy for the housing stays with the unit , as opposed to the traditional Section 8 voucher that moves around with the person) can ask the PHA about your criminal history information BUT cannot get copies of the actual records from the PHA. [1287] The PHA may disclose information to the owner only to the extent necessary to help him/her decide whether you can be denied or evicted from the assisted housing unit. [1288] Lastly, if the PHA is screening your criminal history information for an owner of Project-Based Section 8 housing, the PHA must apply the property owner’s own policy, not the PHA’s policy, in making that determination. [1289] So if the owner doesn’t or can’t consider something, the PHA cannot either. In practice, Most owners of project-based Section 8 housing units are not using PHAs to obtain criminal history information; instead, these owners are using private background check companies to get information on applicants (see PG. 372 for more info on the rules governing tenant reports in California). [1290]
No. Under California state law, police and law enforcement agencies, and private background check companies cannot share information about arrests that did not lead to a conviction—unless the charges are still pending. They CAN ONLY report arrests that are pending AND/OR led to a conviction . [1291]
Unfortunately, private companies hired to do background checks often report arrests anyway—which is against the law. Because this is such a big problem, there are lawyers working to sue reporting agencies that are illegally reporting arrest records. [1292] When you get a copy of your report, check to make sure there are no arrests on it that did not lead to a conviction. If you see any, you can contact the company and demand that it remove that information immediately! See the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, beginning on PG. 915, for more information about clearing up errors in your record and taking legal action with private companies that break the law.
No. [1293] It’s against the law for police and law enforcement agencies and private background check companies to share your juvenile record with PHAs.
IMPORTANT: The most common way that most PHAs AND owners of government-assisted housing (as well as private owners) access your criminal history information is by ordering private background check companies to run “tenant screening reports”.
As discussed on PG. 372, a tenant screening report is a background check done by a private company or credit bureau on a housing applicant. It reports credit information, employment history, certain criminal history information, entries on sex offender registers and/or other public databases, driving records, and more. A tenant report may also include information gathered from personal interviews with your neighbors, former landlords, or coworkers.
Many private background check companies provide tenant screening reports, including the 3 national credit bureaus, Experian, TransUnion, and Equifax.
No, not if you are applying to government-assisted housing—neither a PHA nor an owner can charge you to run a criminal background check or “tenant report.”
California state law requires that you receive information about the background check company within 3 days of when the landlord orders your report. [1294]
You also have the right to request a copy of the report from the PHA or landlord for at least 2 years after the report is done. [1295]
Yes. The PHA or landlord must give you an “adverse action” notice letting you know it plans to take an action that could harm you based on information that showed up in your tenant report/background check. [1296] The notice must include the following information:
ONLY for these two government-assisted programs, PHAs must follow certain extra rules (set forth below).
The General Rule: In general, if you believe you were denied housing because of illegal access to your records, or because of incorrect or illegal information, you should IMMEDIATELY ask for a review hearing! A review hearing is an informal procedure in which you can present corrections to your record, evidence of rehabilitation, and other mitigating information (see PG. 366) to challenge a denial to government-assisted housing. Go to PG. 359 of this Chapter to learn about the procedure for challenging denials and how to request an informal review hearing.
Special Rule for the Public Housing & “Section 8” Housing Choice Voucher Programs: If you applied through a PHA for Public Housing or “Section 8” Housing Choice Vouchers, there is a special rule that says PHAs and owners of the government-assisted housing cannot take any “negligent or knowing action that is inconsistent with” the laws and regulations governing access to your criminal records. [1303] A negligent action is one where the PHA or owner of the government-assisted housing knew or should have known that their access to your records violated the law. A knowing action is one where the PHA or owner of the government-assisted housing actually knew that its access to your records violated the law.
A PHA or owner MAY BE LIABLE for negligence if they do any of the following: [1304]
In this situation, it’s best to talk to a lawyer! You could recover attorney’s fees and other litigation costs as part of the relief you get in court. [1305] See the list of legal aid providers on PG. 1075 to contact an organization that may be able to provide you legal assistance.
Likely, yes. Unfortunately, errors in background check reports are an incredibly common problem.
The law that covers background checks and background check companies is very specific about how you can challenge mistaken, incomplete, or missing information in your background check report/tenant report. If you think there is something wrong, you can tell the landlord, call the background check company that ran the report, and try to get it fixed. For more details on how to correct mistakes in your background check report, see the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, beginning on PG. 915.
This section will discuss tips and important steps you should take if you want to join a family or friend’s household after your release. In addition to these considerations, you always need to think about any restrictions based on your supervision status (probation, parole, etc.)—learn more about the rules and conditions you must follow for your type of community supervision in the PAROLE & PROBATION CHAPTER, beginning on PG. 125.
Here are some general tips if you want to join someone in private housing (meaning neither the family or friends living there nor the landlord who owns the housing receive any government money):
It depends on your conviction and the requirements of the government-assisted housing program.
There is a good chance you will want to join or rejoin a family living in a government-assisted housing unit. [1307] Unfortunately, the laws and policies for adding an individual with a criminal record to an existing household can be complex, and sometimes the interests of other family members who are living in the government-assisted housing unit will conflict with your interests in joining them.
Here are some COMMON QUESTIONS that often come up, which we will address in this section.
It depends on your background and on the policies of the PHA or owner. T he same eligibility and exclusion rules apply if you want to join a family living in government-assisted housing as those that would apply if you were applying on your own—see PG. 352. As with new applicants there are a few limited situations in which a PHA or owner must reject the new family member [1308] (see PG. 356 for bans based on your criminal record). But in the vast majority of situations, the PHA or owner has BROAD DISCRETION to accept or reject you as an additional household member, just like for new applicants.
Return to the section above about bans to understand when there are required bans vs. when the PHA or owner of government-assisted housing has discretion (meaning is allowed, but not required) to ban you from a government-assisted household. You can also learn how to challenge a denial on PG. 359 of this Chapter.
The rules for adding family members to an assisted household are different for every assisted housing program and are determined locally. You should be able to find these rules FOR YOUR PROGRAM. You can look in the following places:
IMPORTANT: Depending on the type of criminal activity and whether or not if happened on the government-assisted property, it could disqualify not just you, but your entire family from meeting the eligibility requirements of the assisted housing program! (Again, read PG. 351 to better understand eligibility requirements.)
The PHA is actually required to have a written policy in its “Administrative Plan” about temporary absences for anyone in the “Section 8” Housing Choice Voucher program, so if you are in that program, there will definitely be a local policy!
24 C.F.R. § 982.54(d)(10). The Voucher program’s temporary absence policy must state whether or when the family may be absent—including for imprisonment; the amount of time you are allowed to be absent for; and how to resume your housing assistance.
24 C.F.R. § 982.312(e).
Yes. In general, if a family is adding an adult member to the household, they must (1) tell the PHA and landlord AND (2) in most cases, receive the PHA’s and owner’s approval to add someone new. [1310] Ask the PHA and owner what the rules are for reporting a new household member, and ask when you have to report the change. Follow the rules so your family member doesn’t risk losing their housing!
It depends on the program. And it depends on the criminal activity.
As always, anyone joining or returning to government-assisted housing MUST meet ALL of the eligibility requirements for that housing program, for that PHA, and for the owner (if there is one).
For exclusions (bans) based on your criminal record, read PG. 356 of this chapter to understand when there are required bans vs. when the PHA or owner of government-assisted housing has discretion (meaning is allowed, but not required) to ban you from a government-assisted household. You can also learn how to challenge a denial on PG. 359 of this Chapter.
For most federal government-assisted housing programs , the local PHA and owner of the government-assisted housing may develop rules and policies regarding temporary absences, and many do have such policies. You need to check with the PHA and owner that oversee the housing unit you want to join about their policies. [1311]
IMPORTANT: Since your return could harm the entire family’s ability to stay in government-assisted housing, it’s a good idea for the family to discuss these issues with the PHA and/or owner of the government-assisted housing BEFORE you return from your brief absence. If that is not possible, there are legal defenses to an eviction action if it is brought against the entire family in court. This HOUSING CHAPTER does not cover eviction law and all of its defenses, so if this is your issue, you will need to contact a legal aid organization that specializes in eviction defense. Go to PG. 1075 for a list of legal aid organizations that may be able to help.
These policies exist because PHAs and owners have an interest in knowing who is living in their units. They may want to review current information to assess how you may act as a tenant, whether you will obey the lease, and whether you pose a threat to other residents, the housing development, or their staff. The PHA or owner may also need to know who is residing in the unit to calculate the amount of rent owed and/or to determine the correct family size for the specific unit.
Most likely, yes. Most government-assisted housing programs, will check the members of a family every year, and some programs will require mid-year reporting as well. This process is called recertification . When the recertification process is happening, the PHA or owner will be checking all new household members to make sure they meet all of the eligibility criteria for move-in! Most PHAs and owners will check the criminal background of any NEW family members at this time. They could re-check the criminal background of current tenants at this time, but it’s unlikely. [1312] The criminal background check on any tenant could lead to the PHA or owner threatening to evict or end the assistance to an entire household. [1313] Again, this HOUSING CHAPTER does not go into eviction defense, but see PG. 1075 for a list of legal aid organizations that may be able to help you if you are facing an eviction.
BE PREPARED TO EXPLAIN WHY YOU SHOULD BE ACCEPTED INTO HOUSING, DESPITE YOUR RECORD.
Because the PHA or owner is likely to run a criminal background check on you, you should be prepared— if asked —to honestly disclose your criminal record and to demonstrate mitigating circumstances and evidence of your rehabilitation (see PG. 366). Consider giving the PHA or owner additional information about all the benefits of having you join the family and how your joining may positively affect the stability of the entire housing development. These benefits depend on the facts of your specific situation. For example, you might include information about your relationship with the family members currently living in the household, especially a positive relationship with any children or a supportive relationship between you and your spouse. Another example is your potential for increasing the income of the family members that are already living in the assisted housing unit, and therefore stabilizing the rent paid to the PHA or owner.
Generally, yes. PHAs and owners of government-assisted housing usually have policies that require family members to report when a family member moves out. [1314] The family’s duty to report an absence generally depends on whether your absence is temporary, and whether you intend to continue to reside in the unit after your return. Whether or not you have to re-apply will depend on how long you are gone. Many PHAs consider you to have permanently moved out if you’re absent from the rental unit for 30 or more consecutive days . [1315] Keep in mind that depending on the terms of your lease/rental agreement, the PHA may be able to evict your family for failing to report any changes in the number of people living there (called “occupants”).
Therefore, even if your absence is temporary (for example, less than 30 days), your family should still report that you’ve temporarily moved out to the PHA and owner of the government-assisted housing unit, to avoid breaking any rules in the lease. There is a chance that if it’s just a short, temporary absence, it won’t change your family’s ability to stay in the government-assisted housing unit. BUT if know you are going to be absent from the unit for 30 or more days, then your family should declare you permanently absent, meaning that you have permanently moved out. [1316] If, after your incarceration, you intend to return to the unit, you will have to re-apply and meet ALL of the eligibility requirements (see PG. 352 to understand how your criminal record could affect your being re-admitted to federal government-assisted housing).
Unfortunately, it could—depending on the policies of the PHA or owner. Below we explain the general rules for staying with family or friends as a guest in their government-assisted housing, and suggested steps to avoid putting their housing assistance at risk.
(1) If you are planning to stay for only 1 night as a guest:
People living in government-assisted housing are usually allowed to have overnight guests. For federal government-assisted housing, federal regulations define the term “guest” as “a person temporarily staying in the unit with the consent of a tenant.” [1317] The person living in the government-assisted housing unit should not be required to register or seek prior approval for an overnight guest (unless that guest is otherwise banned from being there). The owner of the government-assisted housing should allow the tenant to host guests for a “reasonable” amount of time, [1318] which is usually 14 to 30 days, depending on the PHA or owner’s policy. [1319]
WARNING: Sometimes an individual CANNOT stay as a guest or visit government-assisted property AT ALL. For example, if someone committed a criminal offense on the property, the PHA and owner of the housing may be legally allowed to ban that person from ever returning. Someone could also have a parole or probation condition that forbids them from being on the property. For this reason, you want to be careful to know the rules of that PHA or owner AND know your rules of probation or parole.
(2) If you are planning to stay for longer than 1 night as a guest:
You want to be careful to know the rules of that PHA or owner about “Unauthorized Occupants.” There are situations where, instead of being seen as a “guest”—even if that’s what you and your family consider you to truly be—the PHA or owner might classify you as an “unauthorized occupant,” a resident living in that housing unit without permission of the PHA or owner and against the rules. Being seen as an unauthorized occupant is a big problem for many reasons:
If you want to stay as a guest for a longer period, you need to know the PHA or owner’s time limit on the number of back-to-back days OR number of total days in a year that a guest may stay in the government-assisted housing unit and still be considered a “guest.”
IMPORTANT! Again, find out the PHA’s and owner’s rules and do not break them. Check the lease and the PHA’s and owner’s policies. There is usually a period of time stated in the lease and/or in the PHA’s or owner’s policies that defines when a guest becomes an “unauthorized occupant.”
Section 8 Vouchers programs: Some PHAs have established guest policies for Section 8 voucher participants, limiting the time period that persons not listed as household members can stay with a tenant. [1320] PHAs should inform participants of these policies and give them an opportunity to request that anyone living there for a longer period be added to the household. Rural Development (RD) programs: Federal regulations require that all RD leases “include provisions that establish when a guest will be considered a member of the household and be required to be added to the tenant certification.” [1321] Also, the owner of the property must post this same information in its occupancy rules. [1322] That means that although there is no standard amount of time required by law, the owner still must include its guest policies in the agency-approved lease used with tenants. As with the other programs, preapproval and registration of guests should not be required and the amount of time that a tenant may have a guest should be a reasonable period. However, if the guest was a former tenant who committed a drug violation and was evicted, then the owner may require that the tenant obtain approval before the guest may visit. [1323]
Yes, you can try to negotiate with the PHA or owner of the government-assisted property.
For example, if your family is seeking to add you to the lease—but the screening process to add you to the lease TAKES LONGER than the amount of time the family is allowed to have you as a guest—your family, or an advocate working on your behalf, may be able to negotiate with the housing provider at the start to extend the period of time that you are allowed to stay as a guest in that government-assisted household. [1324] If your family can negotiate a policy that allows you to stay longer as their guest, this helps avoid problems later on if the PHA or owner of the government-assisted housing accuses your family of exceeding the time limits for guests, in violation of their lease agreement.
Your family member (whomever is listed on the lease) can request a REVIEW HEARING (sometimes call a grievance hearing, informal review, informal hearing, or conference)! Go to PG. 359 to learn about how to challenge a denial to government-assisted housing and request a review hearing.
A live-in aide is a person who resides with one or more elderly, near elderly, or disabled persons, and who is essential to the care and well-being of that individual. The live-in aide is not obligated to support the person and would not be living in the unit except to provide the required services. [1325]
A live-in aide is NOT a household member. If you are a live-in aide, your income will be excluded from calculating the rent for the assisted unit. However, the family that lives in the unit could request an extra bedroom for the live-in aide and then be required to pay the standard amount for the larger bedroom size.
Maybe. If you have a criminal record, you may be able to reside in a government-assisted housing unit as a live-in aide , but you will need to be screened (see next question).
Depending on the policies of the PHA or owner, the criminal background check conducted for a live-in aide may be less strict than the one used for admitting a new tenant because a live-in aide is not considered a true household member.
Yes. The PHA and owner can screen you for issues related to your being present in the assisted unit. Most PHAs and owners will screen live-in aides for their criminal background using the same or similar criteria as they use for admissions (read PG. 356 for the criminal record-related bans in federal government-housing, including which ones are required versus which ones are allowed ). [1326]
No. The PHA or owner should not screen you for your credit history if you are a live-in aide. Your credit history has nothing to do with the family’s ability to pay for the unit—so you should not be screened for credit. [1327]
The person requiring aide should ask for a review hearing . Go to PG. 359 to learn how (s)he can challenge this denial of you as his/her live-in aide. There may be situations in which the disabled or elderly resident needing the care has great difficulty finding a live-in aide, or that you meet some unique need of that individual requiring care. In such situations, the disabled/elderly individual needing the live-in aide may request a reasonable accommodation for a disability by asking the PHA or owner to waive its strict screening criteria, and allow the person with the criminal record to reside in the unit as a live-in aide due to the special function he or she plays in the tenant’s life .
Whether the request for reasonable accommodation is successful will depend upon the facts and an interpretation of reasonable accommodation rules, discussed in Appendix E, PG. 414.
No. If you are a live-in aide, you have NO RIGHT to continue living in the assisted unit if the tenant needing the assistance leaves. [1328]
If you believe you have been illegally discriminated against in applying for private housing from a private landlord, you can challenge that discriminatory denial. Read about the bases that you can challenge an illegal discriminatory denial below, and which government agencies you should contact.
Go to Appendix I, PG. 425 to learn about how to file a discrimination complaint with a government agency. Try to get a lawyer to help if you can. See PG. 1075 of this guide for a list of legal aid providers across California.
As a summary, your main options for challenging an illegal denial from private housing are the following:
Talk to a lawyer or an advocate at a nonprofit legal services organization if possible—they can help advise you! Also, you can always file a complaint with both HUD & DFEH, but talking to a lawyer is important. More on each of these 3 options below.
For general instructions on how to file a complaint against a private landlord, go to Appendix I, PG. 425.
This section will help you understand how to challenge a denial from a federal government-assisted housing program, and what to expect in the process. If you are denied government-assisted housing, you have the right to receive notice of the denial with the SPECIFIC REASONS for the denial—including anything that came up in your criminal records (see PG. 56 for what PHAs and government-assisted owners can access). You also have the right to a review of the denial—which could be a very informal meeting or hearing (see PG. 78 about what those look like) and the right to receive information on how to prepare for that informal hearing/review. You also have rights during the review hearing process AND the right to challenge the decision if you still disagree. Continue reading to learn more.
RECALL— Important Information about the “Catch-All” Ban: Under the “CATCH-ALL” ban (described in detail on PG. 356), there are many situations in which a PHA and/or owner of government-assisted housing is allowed BUT NOT REQUIRED to deny you. In fact, the law limits the ways that PHAs and owners of government-assisted housing can exclude you passed on your past criminal history.
If the PHA or owner of the government-assisted housing discriminated against you in a way that was illegal, or abused their discretion in denying you the housing—either for something in your criminal record, a disability, OR because they relied on mistaken information—then you will want to challenge that denial by asking for a review of the decision. YOU WILL ALSO WANT TO GATHER AS MUCH INFORMATION AS POSSIBLE (see PG. 366 about mitigating circumstances and proof of your rehabilitation) to prove that you should not have been denied.
The PHA or owner of government-assisted housing must follow certain laws and rules when considering your past convictions and criminal history information. They may only reject you for criminal activity that threatens the health, safety, or peace of other residents or staff AND the criminal activity must be “reasonably recent.” For more information on these protections, go to PG. 352.
Language of Notice: If there are a lot of non-English speakers served by the PHA or owner, the notice may have to be written in the language used by the applicant. If you need the notice to be translated, ask the PHA or owner for a copy in your native language.
If you were denied housing due to information that showed up in your criminal record , then the PHA also MUST give you a copy of the criminal record it used. This will help you to understand why you were denied. [1329]
Furthermore, if you are denied admission to federal government-assisted housing, you have the right to WRITTEN detailed notice of the denial —THIS SHOULD EXPLAIN THE SPECIFIC REASON(S) YOU WERE DENIED! [1330] Sometimes, PHAs and owners will give you a general notice just telling you that you were denied, but not the specific conduct or offense that was the basis for the decision. If you get a general notice without the important details, you should ask for the detailed notice—which you have the right to! The PHA or owner of government-assisted housing MUST provide you with a detailed notice by law. [1331]
In terms of timing, if you want to challenge a denial, you should request a “review hearing” in writing as soon as you receive notice of the denial. There are strict time deadlines for requesting a review hearing, and they are different for every housing program. You must stick to the deadline, so READ THE NOTICE of denial! You may have as little as 1 week (7 days) to request a review hearing! If you miss the deadline, you will not only lose the housing unit, but will also be taken off the waitlist and have to reapply. If you request a review hearing on time, the housing unit will be held for you until there is a final decision!
Challenging the rejection may give you the necessary time to improve or gather information to clarify your criminal history. If you haven’t already done so, you should request a copy of your criminal record (RAP sheet) and try to correct any mistakes. See more in the UNDERSTANDING & CLEANING UP CRIMINAL RECORDS CHAPTER on PG. 923 You should also gather evidence of rehabilitation and mitigating evidence.
No, not necessarily. If you are successful, you could get admitted into housing, but you might just get another review of the facts or another hearing—which could help you get in, or could still result in denial. [1332] What you will get, if successful, is a fairer hearing.
The notice will tell you the specific procedure for challenging the denial for that particular housing program. The first step in challenging any denial, however, is always to submit a WRITTEN request for a review hearing, where you can fight the denial. By law, you almost always have the right to a review of denial from government-assisted housing. [1333]
The notice of denial will tell you who to send the written request for a review hearing to AND when you need to do it (the timing deadline by which you have to challenge the denial). [1334] The time frames must be “reasonable”—which usually means within 10-30 days. [1335] Follow the deadlines that you are given!
Although not required, the denial letter (rejection notice) should also state the legal services offices nearest to you . If its does, call that office for extra help!
In sum, if you were denied from housing because of your record and you want to fight it, your first step will be to request a review hearing in writing, and you always should. ALWAYS ASK FOR A HEARING WITHIN THE DEADLINE LISTED ON YOUR DENIAL NOTICE—and follow all of the procedures the notice gives you!
IMPORTANT! ASK YOUR SUPPORTERS TO COME TO THE HEARING WITH YOU! If there are individuals who are willing to accompany you to your hearing and testify (talk about how your circumstances have changed and to support your housing application), their attendance can help!
Requesting a review hearing is one of the most important avenues for challenging a denial to most types of government-assisted housing (whether it was a denial by the Public Housing Authority (PHA) or an owner of government-assisted housing).
Of course, if you can, it’s best to find a lawyer or advocate who can help you through this process. It’s tough to find lawyers who do this, but it’s worth a try. See PG 1075 for a list of legal aid organizations that may be able to help advise you as you challenge your denial from government-assisted housing. If you cannot find a lawyer to help you, do not despair! It’s possible to do this on your own!
THE HEARING:
After you have sent in a written request for a review hearing, it is important to prepare. At the informal hearing or review, it is important to show the PHA or owner of the government-assisted housing that they should not have denied you the housing because of mitigating circumstances and.or proof of rehabilitation (see PG. 366), a disability that requires a reasonable accommodation (see Appendix E, PG. 414), or a mistake in the criminal records that the PHA or owner used (see CLEANING UP YOUR CRIMINAL RECORD CHAPTER, PG. 923). Before the informal hearing/review, you should:
IMPORTANT: If you were denied under a ban that is allowed but not required, you will want to prove to the PHA or owner that there are mitigating circumstances or evidence that you have changed and rehabilitated since the time of your offense.
If you were denied because of your criminal history, you should present evidence of rehabilitation to show the PHA you are not a threat to the health or safety of other residents, PHA staff or contractors. This includes all the letters and documents you can think of that will show how you have changed and grown since your negative conduct. You should get any of the following: letters of support. [1338] Ask people who have supported you through reentry—like your current employer, a teacher, probation officer, social worker, neighbors, current or prior landlords, and community leaders-- to write a letter of support on your behalf. The letters should emphasize:
You have the opportunity to tell the hearing officer why the decision he/she made is wrong
Every hearing is different, but generally, the hearing is likely to be very informal (more details about these informal hearings below). It is very different from a court proceeding, and formal evidence rules do NOT apply. For example, the PHA or owner may introduce newspaper reports, police blotters, declarations or criminal records, with no one to authenticate or testify about the records. [1340] You are also allowed to bring in any evidence showing why your criminal record should not bar you from getting into the housing program.
You are allowed, and it’s recommended, that you bring a friend or family member who can be supportive and can also be a witness to what is happening and what is said at the hearing.
If you are unhappy with the decision made at the review hearing, and want to challenge it, ask your lawyer and/or the hearing officer how to challenge. Usually, if you lose your informal hearing, you cannot continue to challenge the denial of government housing at the Public Housing Authority (PHA) level. Most likely, the only way for you to continue to challenge the denial after losing your informal review hearing is to sue the Public Housing Authority in court. [1349] This is a complex decision—contact a lawyer for help (see a list of legal aid offices that may be able to assist on PG. 1075.
These tips can help you prepare for the process of renting an apartment, and avoid problems related to background checks!
The landlord will almost certainly order your credit report before letting you live as a tenant in his/her unit. Even though this Chapter does not go into all of the rules and laws that govern credit check, it’s still important to understand that this is part of what most landlords will be looking at. Before you apply to ANY type of housing, you can order your own credit report to make sure that all the information is accurate and up-to-date. You can order your credit reports free once every 12 months from each of the three national credit bureaus: (1) Experian, (2) TransUnion, and (3) Equifax. To learn more, see the Federal Trade Commission’s information on Free Annual Credit Reports on its website: http://www.ftc.gov/bcp/edu/microsites/freereports/index.shtml (Note: this is a trusted government website about credit reports).
Most landlords use "tenant reports” (these are background checks specifically for the purposes of housing and renting apartments) to screen housing applicants. As discussed on PG. 372, these reports can include both credit history and non-credit information such as your criminal record; court cases related to past evictions; references from former landlords; information from local, state and national databases (such as Sex Offender registries); and more. If you learn you that the landlord is going to order a background check/tenant report on you, you could save yourself a lot of time and trouble by simply asking the landlord the name and contact information for the screening company, so that you find the tenant report yourself and make sure the information is accurate and up-to-date.
If you live in government-assisted housing, a good place to start is the U.S. Department of Housing and Urban Development’s (HUD website about renting in California: http://portal.hud.gov/hudportal/HUD?src=/states/california/renting .
Carefully review any lease or rental agreement before you sign it. Be sure that any WRITTEN agreements include VERBAL conversations you had with the landlord or property management company—so that those agreements will be legally enforceable later on. As well as general rules about rent payments, utilities, and the time period covered, a lease or rental agreement should cover anything you have discussed together: things like pets, visitors, roommates, or subletting. [1350] If you know there is something in the lease or agreement that limits your basic legal rights, bring that up with the landlord. In California, the Department of Consumer Affairs has published a great guidebook on tenants’ rights available online at: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf .
GENERALLY, YOUR BASIC RIGHTS AS A TENANT IN CALIFORNIA (NO MATTER WHAT THE LEASE OR RENTAL AGREEMENTS SAYS) INCLUDE THE FOLLOWING:
Keep a file with your signed lease or rental agreement and any other important documents. The file should include notes of any conversations you have with your landlord or apartment manager regarding repairs, disturbances, disputes, or any other event or incident that may affect your rights as a tenant. It should also include any mail, emails, repair orders, and even notes left on your door. Keep and maintain a separate file for each rental unit you live in.
Avoid rental scams by recognizing warning signs. Online resources such as Craigslist ( www.craigslist.com ) are a popular way to search for available rental units. However, scammers also use these sites to place phony rental listings or to hijack a valid listing to attempt to steal your money or identity. If you are asked to wire money—it’s probably a scam! If you are asked to pay a security deposit or an advance on your rent before signing a rental agreement , that is a red flag too. You should also be aware of foreclosure scams targeting unsuspecting renters and upset homeowners. To learn how to spot and avoid foreclosure scams, check out the following website: http://www.freddiemac.com/news/blog/joan_ferenczy/20121008_fraudsters_falsely_advertising_reo_as_rentals.html .
Small problems can become big problems if you ignore them. A landlord’s notice to evict you may give you only a certain number of days to respond. If you do not respond within the given time, the landlord may seek a court order to evict you. Notice of court actions give only a certain number of days to respond! If you have questions about what a notice means, see the list of housing legal aid providers on PG. 1075 to try and speak to a lawyer who may be able to help you.
Understand that no single law covers all rental situations. And no single federal, state, or local government agency has the ability or authority to investigate every type of problem you might encounter. This guide suggests ways you might make a complaint or challenge a discriminatory act based on your criminal record. But also know that sometimes, private landlords are allowed to make decisions on the basis of your criminal conviction history. Learn more on PG. 353.
You may be asked about your source of income. In California, all legitimate and lawful sources of income must be considered the same by a housing provider—they can’t discriminate. Cal. Gov’t Code § 12955(p)(2). For example, your Social Security disability income (SSI/SSDI) should have the same weight in evaluating your income than wages from an office job—a landlord must treat these the same.
A rental application may require you to provide any of the following information:
You will likely have to pay for a screening fee when you apply for a place to live from a private landlord. California law allows a landlord to charge you out-of-pocket expenses, and the cost changes yearly. [1351] It costs approximately $50 for a landlord’s screening of you. You will also likely have to pay a security deposit and 1-2 months’ worth of rent after you sign the lease agreement. This can be expensive—be prepared!!
If you are in the military, the Service Members Civil Relief Act gives active duty members the right to terminate a lease when they are ordered to a new permanent location or any change of location that amounts to more than 90 days. [1352]
The HOUSING CHAPTER does NOT go into the specifics of eviction law—but we realize it is an issue you may come across and need help with. Below we include some very basic know-your-rights information if you are facing an eviction or received what is called a “3-Day Notice” from your landlord to do something (like pay rent). It is also important to know that if you engage in any “new criminal activity,” like committing a new crime, you and your entire household could face eviction. [1353]
If you need a lawyer to help with defending against an eviction, please see the list of housing legal aid providers on PG. 1075, who may be able to assist you. If you are facing eviction, it’s important to ACT FAST to respond to the notice of eviction, so get in touch with a housing lawyer as soon as possible.
Eviction is a process that a landlord can use to remove a tenant from a rental unit. The fancy legal term for an eviction lawsuit is an “unlawful detainer” action. It is called “unlawful detainer” because the landlord is accusing the tenant of staying in a rental unit when he or she does not have a legal right to do so, therefore, the rental unit is unlawfully detained. To “be evicted” means (1) you were the defendant (the renter who is being accused of unlawfully staying in the rental unit) in this type of lawsuit, (2) you lost the lawsuit, and (3) the court then ordered you to move out of the apartment or rental unit. If you leave a rental unit because the landlord asks you to do so, but you are never served with “unlawful detainer” eviction court papers, then you have not been evicted in the legal sense of the word. [1354]
Since responding to an eviction notice can be VERY time-sensitive, it’s important to respond and act fast! Keep reading this section to learn more. It can also be VERY HELPFUL to have a lawyer assist you. If you need a lawyer to help with defending against an eviction, see the list of housing legal aid providers on PG. 1075 for organizations that may be able to assist you.
There are different kinds of “3-Day” notices. Most 3-Day notices can be corrected without having to actually move out of your apartment or home. The most common is the 3-Day notice “to pay rent or quit.” [1355] A landlord can give other kinds of 3-Day notices, as well. Another common one is the notice that says the tenant (the person living in the apartment who is on the lease) has created a nuisance or has done something which is not allowed under the rules of the lease agreement. All of these notices must be in writing.
If your rent is late or not paid in full, the landlord may give you a notice called a “Three-Day Notice to Pay Rent or Quit.” The landlord cannot give you this notice until the rent is late. This notice must be in writing.
By law, the notice must state:
To figure out when the third day is, start counting with the day after you received the notice. If the third day falls on a Saturday, Sunday or a holiday, you then have until the next business day to pay or move.
(1) One choice is that you can move out during the 3 days. If you move out at this time, technically, the landlord CANNOT file a court eviction against you. However, some landlords try to do so anyway. If this happens, you should call a legal aid office immediately; see a list of legal aid providers across California on PG. 1075 that may be able to assist you. Also, even if you move out within the 3 days, the landlord can later sue you for past rent due. Most landlords will not bother with this.
(2) Another choice is to pay the rent. If you decide to pay, you should pay the ENTIRE AMOUNT that the notice asks for, before the three days are up. Make sure that you get a receipt. If you cannot pay the full amount, you may be better off not paying anything —unless you can agree on a payment schedule with the landlord. If you reach such an agreement, make sure it is in writing and keep a copy of the agreement.
If you offer the full amount asked for within the 3 days, the landlord MUST ACCEPT the money from you. If you think the landlord might refuse your money, take along a friend to be a witness just in case. After the 3 days, the landlord does not have to accept any money from you. If you decide to try to pay the landlord even though the 3 days are up, you should get a RECEIPT and ask the landlord to agree IN WRITING not to evict you. If the landlord refuses to agree to that, the landlord may still try to evict you.
The landlord must go to court to evict you.
After the 3 days are over, the landlord cannot simply put you out in the street, change the locks, or have the police or sheriff evict you without going to court first. The 3-Day notice is only the first step in the eviction process. The landlord must go to court and get a judge’s order to get the rent and the house or apartment back. For a short explanation of the eviction process, see PG. 393.
Sometimes this kind of notice is called “3-Day Notice to Perform or Quit.”
The landlord will give you this notice if s/he believes that you did something OR failed to do something that violated your lease or rental agreement. Some examples include, if you did not pick up trash around your place, if you took in pets when they are not allowed, or if you left a junk car in the parking lot. This notice must be IN WRITING.
After you get this notice, you have 3 days to fix the problem or move out.
To figure out when the last day to fix the problem or move out is, start counting with the day after you received the notice. If the third day falls on a Saturday, Sunday or a holiday, you then have until the next business day to correct the problem. If you do not fix the problem and if you do not move out by the third day, your landlord may start the court process to evict you. However, after the three days are over, the landlord cannot simply put you out in the street, change the locks, or have the police or sheriff evict you without going to court first. The landlord must file court papers and get a judge’s order to get the rent and the house or apartment back. For a short explanation of the eviction process, see PG. 393.
If you feel that you are being wrongly accused of breaking the lease, you should write to your landlord explaining your side of the story. Make sure to date and sign the letter and get it to the landlord as soon as possible. Make a copy of it to keep for your records.
If you already have broken the lease or rental agreement but now you agree to obey it, you should write a letter to the landlord. Tell him or her that you have done what the notice requested and that you will obey the lease agreement from now on. Sign and date the letter and get it to the landlord as soon as possible. Keep a copy for your records.
This kind of notice orders you to move because you have done something that the landlord believes cannot be corrected. This is the most serious notice your landlord can give you. For example, you may get this kind of notice if you have done illegal things (such as using or dealing drugs) on the property. This notice does not give you the chance to correct what was done. This notice means your landlord just wants you to move out. This notice must be in writing.
If you feel that you are being wrongly accused of doing something that you did not do, you should write to your landlord immediately and state that you did not do what you are accused of doing. Make sure you date and sign the letter and get it to the landlord as soon as possible. You must also keep a copy of the letter for your records.
If you do not move out by the third day, your landlord may start the court process to evict you. However, as with other eviction notices, after the 3 days are over, the landlord cannot simply kick you out without a court order.
The law states that you must be given a 3-Day Notice in writing. The courts are not always strict about how the landlord gives the 3-Day Notice to you. However, the law says that the landlord must give the notice to in one of the following ways:
If the landlord takes you to court to evict you, you will get legal papers called a “Summons” and a “Complaint.” Make a note of what day you receive these papers. You have 5 days from the day you receive the Summons and Complaint to respond to the court. To count the 5 days: start counting with the day after you received the papers. You must count Saturdays and Sundays, but do not count court holidays. If the 5 th day falls on a Saturday, Sunday or holiday, you will have until the end of the next court business day to “answer” these papers.
Example: Jane gets the Summons and Complaint papers on a Monday. Tuesday is the first day of the 5 days. The 5th day would be a Saturday. Jane has until the next business day, Monday, to file her papers. If Monday is a holiday, Jane has until Tuesday.
If you want to fight the eviction, you should contact a legal aid lawyer immediately. Do NOT wait until the fifth day to call!! If you wait until the last minute, they may not be able to help you.
Within those 5 days, you can file a written response to the landlord’s summons and complaint. You must use the right legal form and file it in the same court where the “Complaint” was filed. This form is called an “Answer.” If you are low-income and file a separate form called an “Application for Waiver of Court Fees and Costs,” you will probably not need to pay the court filing fees. You can get both the Answer and the Fee Waiver forms at the court clerk’s office.
When you fill out the Answer, you will need to list any legal defenses to the eviction. After you file the Answer, you will receive a “Memorandum to Set Case for Trial” and a notice of the trial date by mail. Generally, the trial must be within 20 days of when the landlord files the “Memorandum to Set Case for Trial.” The court clerk must mail you the notice telling you when the trial will be at least ten days before the trial. When your court date comes up, plan to arrive early at the courthouse so that you can find parking, get through the security check, and find the courtroom. If you are late and the judge has already called your case, you will lose your case.
After the five days are up, if you have not filed an Answer to challenge the eviction, the landlord can ask the court clerk for a “default judgment.” If this happens, you will NOT go before a judge. This means that the landlord automatically wins the case and gets the property back from you.
Sometimes the court will allow you to “re-open” the case after entering a “default judgment” if you have a good reason for not filing the Answer on time. If this happens to you, contact a legal aid organization and ask for assistance with a default eviction.
NOTE: You should not assume that the court will allow you to “re-open” your case. In many cases, the tenant’s request is denied. Therefore, you must try to file your Answer within the 5 days so that you do not lose your case by missing a legal deadline.
If the landlord wins or gets a default judgment against you, the landlord will get a form called a “Writ of Possession.” The landlord takes this writ to the Sheriff’s Department who will then bring you (or post on your door) a “Notice to Vacate.” The notice will give you at least 5 days before the officer will come back to evict you. The Notice to Vacate will tell you exactly by what date and time you must be out of the house or apartment. Even if you are not completely moved out, the sheriff can prevent you from re-entering the house to get your stuff after the time and date listed on the notice. If you cannot get all of your belongings out in time, at least remove your important papers, medications, valuables, and clothing. If you leave things behind, you can claim them within 15 days of the eviction, but you will have to pay the storage and removal costs. However, the landlord cannot require you to pay back rent, attorney’s fees or court costs in order to get your belongings back.
If you do not file an “Answer” to the eviction notice, the sheriff may be out to evict you as soon as 11 days after you receive the Summons and Complaint . If you file an Answer to the lawsuit, the process will take a little longer. Do not expect the entire process to take more than 1 month—it could take even less than 1 month. Contrary to some popular belief, you can be evicted if even if you are pregnant, have small children, have an unexpected financial hardship (like losing your job), if you’ve never been late with the rent before or if you have nowhere else to move.
In most cases, a transitional housing provider MUST follow all of the normal rules and laws to evict you. That means they must follow all of the rules for giving you proper notice and taking you to court if they want to evict you. [1356]
** There is one VERY SMALL EXCEPTION that could allow a transitional housing provider to evict you more quickly than the standard court process. However, for this exception to apply, it must be explicitly written in the contract you signed with the transitional housing provider. There are other requirements beyond that, but at a minimum, if it’s not in your contract with the transitional housing provider, then the transitional housing provider can’t evict you overnight, with little notice, or without first going to court.
If this issue is a condition of your supervision (a requirement of parole or probation), see the PAROLE & PROBATION CHAPTER, beginning on PG. 125, to learn more about rules (called “conditions”) of different types of supervision in California, and how to challenge them.
Where you live is critical to your well-being. Unfortunately, it can also be one of the most challenging aspects of reentry. Hopefully, this Chapter has helped you understand your housing options, and given you the tools to help you to find appropriate housing and recognize illegal discrimination when it occurs.
|
PHA NAME, PHONE & FAX NUMBER |
ADDRESS |
TYPE
|
|
Phone: (510) 747-4300 Fax: (510) 522-7848 |
701 Atlantic Ave. Alameda CA 94501 |
Both |
|
Phone: (323) 890-7400 Fax: (323) 890-8582 |
700 W Main St. Alhambra CA 91801 |
Both |
|
Phone: (714) 765-4320 Fax: (714) 765-4654 |
201 S Anaheim Blvd #200 Anaheim CA 92805 |
Section 8 |
|
Placer County Housing Authority Phone: (530) 889-7692 Fax: (530) 889-6826 |
11552 B Ave. Auburn CA 95603 |
Section 8 |
|
Phone: (661) 631-8500 Fax: (661) 631-9500 |
601 - 24th St. Bakersfield CA 93301 |
Both |
|
Phone: (626) 960-4011 Fax: (626) 337-2965 |
14403 Pacific Ave. Baldwin Park CA 91706 |
Both |
|
Phone: (650) 802-3300 Fax: (650) 802-3373 |
264 Harbor Boulevard Bldn. A Belmont CA 94002 |
Both |
|
Phone: (707) 745-2071 Fax: (707) 745-8076 |
28 Riverhill Drive Benicia CA 94510 |
Both |
|
Phone: (510) 981-5470 Fax: (510) 981-5480 |
1901 Fairview St. Berkeley CA 94703 |
Both |
|
Imperial Valley Housing Authority Phone: (760) 351-7000 Fax: (760) 344-9712 |
1401 D St. Brawley CA 92227 |
Both |
|
Phone: (818) 238-5160 Fax: (818) 238-5159 |
150 N. Third St 2nd Floor Burbank CA 91502 |
Section 8 |
|
Phone: (760) 357-3013 Fax: (760) 357-3084 |
1006 E 5th St. Calexico CA 92231 |
Both |
|
Phone: (760) 434-2810 Fax: (760) 720-2037 |
2965 Roosevelt St Ste B Carlsbad CA 92008 |
Section 8 |
|
Phone: (530) 895-4474 Fax: (530) 895-4459 |
2039 Forest Ave S. #10 Chico CA 95928 |
Both |
|
Compton Phone: (310) 605-3080 Fax: (310) 605-3096 |
600 North Alameda Room 163 Compton CA 90220 |
Section 8 |
|
Crescent City Phone: (707) 464-9216 Fax: (707) 464-2692 |
235 H St. Crescent City CA 95531 |
Section 8 |
|
Culver City Phone: (310) 202-5764 Fax: (310) 253-5785 |
9770 Culver Boulevard Culver City CA 90232 |
Section 8 |
|
Phone: (925) 828-3132 Fax: (925) 828-5450 |
6700 Dougherty Road apt. 151 Dublin CA 94568 |
Low-Rent |
|
Phone: (760) 633-2723 Fax: (760) 633-2818 |
505 South Vulcan Ave. Encinitas CA 92024 |
Section 8 |
|
Phone: (707) 443-4583 Fax: (707) 443-2150 |
735 West Everding St. Eureka CA 95503 |
Section 8 |
|
Phone: (707) 443-4583 Fax: (707) 443-2150 |
735 W Everding St. Eureka CA 95503 |
Both |
|
Phone: (707) 428-7392 Fax: (707) 425-0512 |
823b Jefferson St Fairfield CA 94533 |
Section 8 |
|
Fresno County Housing Authority Phone: (559) 443-8400 Fax: (559) 445-8922 |
1331 Fulton Mall Fresno CA 93721 |
Both |
|
Garden Grove Phone: (714) 741-5150 Fax: (714) 741-5197 |
11277 Garden Grove Blvd S. 101-C Garden Grove CA 92843 |
Section 8 |
|
Glendale Phone: (818) 548-3936 Fax: (818) 548-3724 |
141 North Glendale Ave. #202 Glendale CA 91206 |
Section 8 |
|
Phone: (559) 582-2806 Fax: (559)583-6964 |
680 N Douty St. Hanford CA 93230 |
Both |
|
Phone: (562) 420-2641 Fax: (562) 496-3708 |
21815 Pioneer Boulevard Hawaiian Gardens CA 90716 |
Section 8 |
|
Phone: (310) 349-1603 Fax: (310) 978-9864 |
4455 West 126th St. Hawthorne CA 90250 |
Section 8 |
|
Alameda County Housing Authority Phone: (510) 538-8876 Fax: (510) 727-8554 |
22941 Atherton St. Hayward CA 94541 |
Both |
|
Phone: (310) 412-5221 Fax: (310) 412-5188 |
1 Manchester Blvd. S. 750 Inglewood CA 90301 |
Section 8 |
|
Livermore Phone: (925) 447-3600 Fax: (925) 447-0942 |
3203 Leahy Way Livermore CA 94550 |
Both |
|
Phone: (805) 736-3423 Fax: (805) 735-7672 |
815 W Ocean Ave. Lompoc CA 93436 |
Both |
|
Phone: (562) 570-6985 Fax: (562) 499-1022 |
521 East 4th St. Long Beach CA 90802 |
Section 8 |
|
Phone: (213) 252-2500 Fax: (213) 234-8946 |
2600 Wilshire Blvd Los Angeles CA 90057 |
Both |
|
Lake County Housing Commission Phone: (707) 995-4200 Fax: (707) 995-4253 |
15975 Anderson Ranch Pkwy Lower Lake CA 95457 |
Section 8 |
|
Phone: (559) 674-5695 Fax: (559) 674-5701 |
205 N. G St. Madera CA 93637 |
Both |
|
Mariposa County Housing Authority Phone: (209) 966-3609 Fax: (209) 966-3519 |
5174 Highway 49 North Mariposa CA 95338 |
Section 8 |
|
Phone: (925) 957-8045 Fax: (925) 372-0236 |
3133 Estudillo St. Martinez CA 94553 |
Both |
|
Phone: (530) 749-5460 Fax: (530) 749-5464 |
915 8th St., S. 130 Marysville CA 95901 |
Section 8 |
|
Phone: (209) 386-4139 Fax: (209) 722-0106 |
405 U St. Merced CA 95341 |
Both |
|
Phone: (209) 557-2000 Fax: (209) 557-2011 |
1701 Robertson Rd Modesto CA 95351 |
Both |
|
Phone: (707) 257-9543 Fax: (707) 257-9239 |
1115 Seminary St. PO Box 660 Napa CA 94559 |
Section 8 |
|
Phone: (619) 336-4254 Fax: (619) 477-3747 |
140 E 12th St., Ste. B National City CA 91950 |
Section 8 |
|
Phone: (760) 326-3222 Fax: (760) 326-2741 |
908 Sycamore Drive Needles CA 92363 |
Both |
|
Nevada County Housing Authority Phone: (530) 265-1340 Fax: (530) 265-9860 |
950 Maidu Ave PO Box 1210 Nevada City CA 95959 |
Section 8 |
|
Phone: (805) 480-9991 Fax: (805) 480-1021 |
1400 W Hillcrest Drive Newbury Park CA 91320 |
Both |
|
Phone: (562) 929-5588 Fax: (562) 929-5537 |
12035 Firestone Bl. Norwalk CA 90650 |
Section 8 |
|
Public Housing: (510) 874-1500 Section 8 : (510) 587-2100 Fax: (510) 587-2132 |
1619 Harrison St. Oakland CA 94612 |
Both |
|
Phone: (760) 435-3360 Fax: (760) 757-9076 |
321 North Nevada St. Oceanside CA 92054 |
Section 8 |
|
Phone: (805) 385-8096 Fax: (805) 385-7969 |
435 South D St. Oxnard CA 93030 |
Both |
|
Pasadena Phone: (626) 744-8300 Fax: (626) 744-8330 |
649 N. Fair Oaks Ave, S.202 Pasadena CA 91103 |
Section 8 |
|
Phone: (805) 238-4015 Fax: (805) 238-4036 |
3201 Pine St. Paso Robles CA 93446 |
Low-Rent |
|
Phone: (562) 801-4347 Fax: (562) 949-7506 |
6615 Passons Boulevard Pico Rivera CA 90660 |
Section 8 |
|
Phone: (925) 252-4113 Fax: (925) 427-2715 |
916 Cumberland St. Pittsburg CA 94565 |
Section 8 |
|
Phone: (530) 621-6300 Fax: (530) 295-2598 |
937 Spring St. Placerville CA 95667 |
Section 8 |
|
Pleasanton Phone: (925) 484-8008 Fax: (925) 484-8234 |
123 Main St. Pleasanton CA 94566 |
Low-Rent |
|
Phone: (909) 620-2368 Fax: (909) 620-4567 |
505 S. Garey Ave., Box 660 Pomona CA 91769 |
Section 8 |
|
Port Hueneme Housing Authority Phone: (805) 986-6522 Fax: (805) 986-6562 |
250 N Ventura Road Port Hueneme CA 93041 |
Both |
|
Plumas Phone: (530) 283-2466 Fax: (530) 283-2478 |
183 W Main St. Quincy CA 95971 |
Both |
|
Phone: (530) 527-6159 Fax: (530) 527-4365 |
310 So. Main St. Red Bluff CA 96080 |
Section 8 |
|
Phone: (530) 225-4048 Fax: (530) 225-4126 |
777 Cypress Ave. Redding CA 96001 |
Section 8 |
|
Shasta County Housing Authority Phone: (530) 225-5160 Fax: (530) 225-5178 |
1450 Court St., S. 108 Redding CA 96001 |
Section 8 |
|
Phone: (310) 318-0635 |
1922 Artesia Blvd Redondo Beach CA 90278 |
Section 8 |
|
Phone: (510) 621-1310 Fax: (510) 237-5230 |
330 24th St. Richmond CA 94804 |
Both |
|
Phone: (209) 869-4501 Fax: (209) 869-6814 |
Stanislaus Riverbank CA 95367 |
Low-Rent |
|
Phone: (951) 351-0700 Fax: (951) 688-6873 |
5555 Arlington Ave. Riverside CA 92504 |
Both |
|
Phone: (916) 774-5270 Fax: (916) 746-1295 |
311 Vernon St. Roseville CA 95678 |
Section 8 |
|
Sacramento City & County Phone: (916) 440-1319 Fax: (916) 442-3718 |
801 12th St. Sacramento CA 95814 |
Both |
|
California Dept of Housing & Community Development Phone: (916) 324-7696 Fax: (916) 323-6016 |
PO Box 952054 1800 3rd St. 390-4 Sacramento CA 94252 |
Section 8 |
|
Phone: (831) 775-5000 Fax: (831) 424-9153 |
123 Rico St. Salinas CA 93907 |
Both |
|
Phone: (909) 890-0644 Fax: (909) 890-4618 |
715 E. Brier Dr San Bernardino CA 92408 |
Both |
|
Phone: (619) 231-9400 Fax: (619) 578-7375 |
1122 Broadway S. 300 San Diego CA 92101 |
Both |
|
Phone: (858) 694-4801 Fax: (858) 694-4871 |
3989 Ruffin Road San Diego CA 92123 |
Both |
|
San Francisco Housing Authority Phone: (415) 554-1200 Fax: (415) 241-1024 |
1815 Egbert Ave. San Francisco CA 94124 |
Both |
|
San Jose City Housing Authority Phone: (408) 275-8770 Fax: (408) 280-0358 |
505 West Julian St. San Jose CA 95110 |
Section 8 |
|
Phone: (408) 275-8770 Fax: (408) 280-0358 |
505 W Julian St. San Jose CA 95110 |
Both |
|
Phone: (805) 543-4478 Fax: (805) 543-4992 |
487 Leff St. San Luis Obispo CA 93401 |
Both |
|
Phone: (415) 491-2525 Fax: (415) 479-3305 |
4020 Civic Center Drive San Rafael CA 94903 |
Both |
|
Phone: (714) 480-2700 Fax: (714) 480-2945 |
1770 North Broadway Santa Ana CA 92706 |
Section 8 |
|
Phone: (714) 667-2200 Fax: (714) 547-5411 |
20 Civic Center Plaza 2nd Fl, M-27 Santa Ana CA 92701 |
Section 8 |
|
Phone: (805) 965-1071 Fax: (805) 564-7041 |
808 Laguna St. Santa Barbara CA 93101 |
Both |
|
Santa Cruz County Housing Authority Phone: (831) 454-9455 Fax: (831) 469-3712 |
2931 Mission St. Santa Cruz CA 95060 |
Both |
|
Phone: (831) 454-9455 Fax: (831) 469-3712 |
2931 Mission St. Santa Cruz CA 95060 |
Section 8 |
|
Phone: (831) 454-9455 Fax: (831) 469-3712 |
2931 Mission St. Santa Cruz CA 95060 |
Section 8 |
|
Phone: (562) 347-4830 Fax: (562) 944-2732 |
12131 Telegraph Road Santa Fe Springs CA 90670 |
Section 8 |
|
Phone: (562) 347-4830 Fax: (562) 944-2732 |
12131 Telegraph Road Santa Fe Springs CA 90670 |
Section 8 |
|
Phone: (562) 347-4830 Fax: (562) 944-2732 |
12131 Telegraph Road Santa Fe Springs CA 90670 |
Section 8 |
|
Phone: (562) 347-4830 Fax: (562) 944-2732 |
12131 Telegraph Road Santa Fe Springs CA 90670 |
Section 8 |
|
Phone: (562) 347-4830 Fax: (562) 944-2732 |
12131 Telegraph Road Santa Fe Springs CA 90670 |
Both |
|
Santa Monica Housing Authority Phone: (310) 458-8743 Fax: (310) 264-7757 |
1901 Main St., Ste. A Santa Monica CA 90405 |
Section 8 |
|
Santa Paula Phone: (805) 535-3339 Fax: (805) 525-3887 |
15500 W. Telegraph Rd, B-11 Santa Paula CA 93060 |
Section 8 |
|
Phone: (707) 565-7500 Fax: (707) 565-7583 |
1440 Guerneville Road Santa Rosa CA 95403 |
Section 8 |
|
Phone: (707) 543-3300 Fax: (707) 543-3317 |
90 Santa Rosa Ave. Santa Rosa CA 95402 |
Section 8 |
|
Phone: (831) 678-3686 Fax: (408) 678-2471 |
121 Alder St. Soledad CA 93960 |
Low-Rent |
|
Phone: (323) 563-9585 Fax: (323) 567-0725 |
8650 California Ave. South Gate CA 90280 |
Section 8 |
|
Phone: (650) 583-7631 Fax: (650) 583-5932 |
350 C St. South San Francisco CA 94080 |
Low-Rent |
|
Phone: (209) 460-5069 Fax: (209) 460-5165 |
448 S Center St. Stockton CA 95203 |
Both |
|
Phone: (707) 421-7330 Fax: (707) 429-3758 |
701 Civic Center Blvd. Suisun City CA 94585 |
Section 8 |
|
Phone: (530)251-8346 |
2545 Main St. Susanville CA 96130 |
Section 8 |
|
Phone: (310) 618-5840 Fax: (310) 618-2429 |
3031 Torrance Boulevard Torrance CA 90503 |
Section 8 |
|
Phone: (707) 463-5462 Fax: (707) 463-4188 |
1076 N State St. Ukiah CA 95482 |
Both |
|
Phone: (909) 982-2649 Fax: (909) 982-0237 |
1200 North Campus Ave. Upland CA 91786 |
Both |
|
Vacaville Phone: (707) 449-5675 Fax: (707) 449-6242 |
40 Eldridge Ave. #2 Vacaville CA 95688 |
Section 8 |
|
Phone: (707) 449-5675 Fax: (707) 449-6242 |
40 Eldridge Ave. S. 2 Vacaville CA 95688 |
Section 8 |
|
Phone: (707) 648-4507 Fax: (707) 648-5249 |
200 Georgia St. Vallejo CA 94590 |
Section 8 |
|
San Buenaventura City Phone: (805) 648-5008 Fax: (805) 643-7984 |
995 Riverside St. Ventura CA 93001 |
Both |
|
Tulare County Housing Authority Phone: (559) 627-3700 Fax: (559) 733-0169 |
5140 W Cypress Ave. Visalia CA 93277 |
Both |
|
Phone: (661) 758-6406 Fax: (661) 758-0765 |
750 H St. Wasco CA 93280 |
Low-Rent |
|
Phone: (562) 347-4830 Fax: (562) 944-2732 |
8300 W. Santa Monica Blvd West Hollywood CA 90069 |
Section 8 |
|
Phone: (530) 662-5428 Fax: (530) 662-5429 |
147 West Main St. Woodland CA 95695 |
Both |
|
Regional Hsg Authority of Sutter & Nevada Phone: (530) 671-0220 Fax: (530) 673-0775 |
1455 Butte House Rd Yuba City CA 95993 |
Both |
The following chart is a list of transitional housing options for individuals who are currently incarcerated and are being proactive about lining up housing for post release or are looking to provide documentation to the parole board that they have transitional housing that will accept them if they receive a parole date. [1357]
For more information on the different programs, you can write the address listed or call the phone number.
Please note that this chart is not comprehensive – there may be places that accept applications from people currently incarcerated who are not on this list.
**(Adapted from information shared by Uncommon Law, http://uncommonlaw.org/ .)**
|
Name |
Address |
City |
Phone |
Other/Notes |
|
Re-Entry Inc. |
P.O. Box 6804 |
Auburn, CA 95604 |
(530) 885-4509 |
|
|
Hope Help Healing |
11960 Heritage Oak Place |
Auburn, CA 95603 |
(530) 885-4249 |
|
|
Isaiah’s Recovery Services |
1904 Clarendon St. |
Bakersfield, CA 93307 |
(661) 633-9702 |
|
|
Human Potential Consultants, LLC |
550 E. Carson Plaza Dr., Suit 127 |
Carson, CA 90746 |
(310) 756-1560 |
|
|
Crossroads, Inc. |
P.O. Box 15 |
Claremont, CA 91711 |
(909) 626-7847 |
Women only
|
|
Seventh Step Foundation |
475 Medford Ave. |
Haward, CA 94541 |
(510) 278-0230 |
|
|
Prep-Partnership for Re-Entry Program |
1224 W. 40 th Place |
Los Angeles, CA 90037 |
(213) 438-4820 ext. 23 |
Contact: Sister Mary Hodges |
|
Victory Outreach |
4160 Eagle Rock Blvd. |
Los Angeles, CA 90065 |
(323) 258-7878 |
|
|
Holy Spirit Investments |
6111 S. Verdun Ave. |
Los Angeles, CA 90043 |
(323) 292-9971 |
|
|
Union Rescue Mission |
545 S. San Pedro St. |
Los Angeles, CA 90013 |
(213) 347-6300 |
|
|
A New Way of Life Re-Entry Project |
P.O. Box 875288 |
Los Angeles, CA 90087 |
(323) 563-3575 |
|
|
health RIGHT360 |
2307 West 6 th St. |
Los Angeles, CA 90057 |
(415) 762-3700 |
Also has services in San Francisco.
|
|
The Francisco Homes |
P.O. Box 7190 |
Los Angeles, CA 90007 |
(323) 293-1111 |
Multiple housing locations in LA. |
|
Women in Transition Re-entry Project Inc. |
P.O Box 59621 |
Los Angeles CA 90059 |
(310) 706-5580 |
Women only. |
|
Love Lifted Me Recovery |
P.O. Box 10966 |
Marina Del Ray, CA 90295 |
(310) 821-8677 |
|
|
Homeless Veteran’s Emergency Housing Facility |
795 Willow Rd., Bldg. 323 B |
Menlo Park, CA 94025 |
(650) 324-2881 |
For ex-veterans only. |
|
Men of Valor Academy |
6118 International Blvd. |
Oakland, CA 94621 |
(510) 567-1308 |
|
|
Shirley Lamarr/The Centre |
1447 El Camino Real |
Redwood City, CA 94063 |
(650) 366-7225 (main line) (650) 218-8256 (cell) |
Housing available for people who are currently incarcerated; Provides job training; Provides GED help. |
|
Restoration House |
4141 Soledad Ave. |
Sacramento, CA 95820 |
(916) 454-2068 |
|
|
Men’s Overcomers Discipleship Ministry |
2733 Branch St., S. 1 |
Sacramento, CA 95815 |
(916) 920-3082 |
|
|
Delancey St. |
600 Embarcadero |
San Francisco, CA 94107 |
(415) 957-9800 |
2-year commitment. (Also has L.A. location) |
|
Catholic Rainbow Outreach |
11419 Carmeneta Rd. |
Whittier, CA 90605 |
(562) 944-2283 |
|
|
Recovery Zone |
8035 Oakdale Ave. |
Winnetka, CA 91306 |
N/A |
Summary : Enables men to complete their sentences in a residential setting, with greater freedom and privileges. Programming is particularly (though not exclusively) geared towards people with both mental health and substance abuse issues. Program Timeframe : Participants must have 30 to 180 days left in their sentences at the time of placement. This means you should begin asking your counselor about the program as you approach your final 180 days. One day in the program is equivalent to one day of incarceration. Supervision : On-site correctional staff and employees from the contracted facilities (listed below) supervise program participants 24 hours a day. Participants must also wear ankle monitors. Locations : Oroville (Butte County), Bakersfield (Kern County), and Los Angeles, CA (Los Angeles County). Contacts :Butte County: Jody Alsdurf, (530) 533-5272Tri County Treatment2740 Oro Dam BlvdOroville, CA 95966Kern County: Jaime Contreras, (661) 861-6111, ex. 43Turning Point of Central California1100 Union Ave.Bakersfield, CA 93307Los Angeles County: Michael Brenner, (213) 251-2830HealthRight3602307 West 6th StreetLos Angeles, CA 90057
Am I eligible for the Male Community Reentry Program (MCRP)?
The MCRP accepts people with all levels of offenses from any institution in the state, so long as you have approximately 30 to 180 days left in your sentence at the time of placement in the program. To qualify for the program, your county of last legal residence must have been Butte County, Kern County, Los Angeles County, or San Diego County. If your county of last legal residence is elsewhere, you may still be able to participate in the MCRP if you transfer supervision to one of the four counties listed.
Certain people are automatically ineligible for the MCRP. If you meet any of the following criteria, you will not be considered for the program:
How do I apply for the MCRP?
The MCRP is a voluntary program, so you must initiate the application process yourself by letting your counselor know you are interested. The application process has three components, all of which your counselor will provide: the application itself, a contract agreeing to certain terms, and mandatory assessments. The assessments use information about your personal background to determine which programs and services will best aid your reentry to society. This includes your history of substance abuse, medical and mental health, education, family background, criminal history, and social functioning.
Once you have completed these requirements, your application will go through a rigorous screening process lasting anywhere from 30 to 60 days. Medical staff, the warden, and a classification committee will all review your application and provide their input. If you are eligible, the committee may endorse you for placement. The committee makes decisions about placement on a case-by-case basis.
**Sometimes referred to as the “Enhanced Alternative to Custody Program”
Summary : Enables women to complete their sentences in a residential setting. Services are designed to prevent recidivism by addressing unique challenges women face upon reentry, such as gender-based trauma and mother-child relationships. From early morning until evening, participants partake in special activities and workshops, with some free time available. They may seek outside employment upon approval from the CCTRP staff, but a portion of earnings are held by the program until release. Program Timeframe : Participants must have 45 days to two years left in their sentences at the time of placement. This means you should start asking your counselors about the program as you approach the last two years of your sentence. One day in the program is equivalent to one day of incarceration. Supervision : On-site correctional staff and contracted employees from the WestCare Foundation supervise program participants 24 hours a day. Participants must also wear ankle monitors. Locations : San Diego (San Diego County), Santa Fe Springs (Los Angeles County), Bakersfield (Kern County), Stockton (San Joaquin County). Contact : San Diego: (619) 359-8266 Westcare 3050 Armstrong Street San Diego, CA 92117Santa Fe Springs: (562) 236-9390 Los Angeles Centers for Alcohol and Drug Abuse 11121 Bloomfield Ave. Santa Fe Springs, CA 90670Bakersfield: (661) 447-4666 Casa Aurora 1932 Jessie Street Bakersfield, CA 93305Stockton: (209) 642-8488 Westcare 1609 N. Wilson Way Stockton, CA 95205
Am I eligible for the Custody to Community Transitional Reentry Program (CCTRP)?
In order to qualify for the program, you must be housed at a women’s prison. In addition, the program requires that you have (1) a conviction for a serious or violent crime AND (2) 45 days to two years left in your sentence at the time of placement in the program.
How do I apply for the CCTRP?
To apply, you must volunteer to join the program. Your counselor can provide you with an application once you express interest. CDCR staff has the discretion to accept or deny applicants as it sees fit. In making this determination, CDCR staff will consider your institutional history and behavior. In particular, they will look into whether you have taken advantage of institutional program and shown a strong commitment to self-improvement.
Summary : Residential program in Pomona for mothers with up to two children under the age of six who were convicted of non-serious, nonviolent offenses. Children are invited to live at the 24-bed facility. Participants develop individual treatment plans for themselves and their children, with an emphasis on substance abuse recovery. Program workshops and activities emphasize substance abuse prevention, healthy parenting, and education. Program Timeframe : Participants can serve up to six years of their sentence at the CPMP. This means interested individuals should start asking their counselors about the program as they approach the last two years of their sentences. Participants must also have more than 90 days to parole or release at the time of placement. Locations : Pomona (Los Angeles County). Contact : Regina Dotson, 909-624-1233 x2160
Am I eligible for the Community Prisoner Mother Program?
In order to qualify for the program, you must meet a strict set of criteria, which is organized below by topic.
Housing and sentence criteria:
Criteria related to children:
Disqualifying convictions:
Disqualifying conduct while incarcerated:
How do I apply to the CPMP?
CPMP is a voluntary program. A CPMP Coordinator facilitates the application procedure at each of the women’s prisons, and should provide you with an application form, which you must fill out and submit to CDCR staff. The CDCR staff then determines eligibility by looking at the nature of your crime, whether you have a history of violence, and your physical, mental, and dental health. According to a 2010 investigation by Legal Services for Prisoners with Children, this process takes anywhere from a few months to over a year
Summary : Pre-release program for women within three years of release. A 300-bed, dormitory style facility, it offers programming on subjects such as substance abuse, anger management, family relationships, and professional development. Also includes a supervised participant-operated hair salon. Program Timeframe : Participants must have three years left in their sentences. This means interested individuals should start asking their counselors about the program as they approach the last three years of their sentences. One day in the program is equivalent to one day of incarceration. Supervision : On-site correctional staff and contracted employees from the GEO Group supervise program participants 24 hours a day. Participants must also wear ankle monitors. Locations : McFarland, CA (Kern County) Contact : Captain Patrick Kehoe, 661-792-1078
Am I eligible for the FCRF?
In order to qualify for the program, you must have three years left in your sentence at the time of placement in the program. CDCR staff has the discretion to accept or deny applicants as it sees fit.
How do I apply for the FCRF?
To apply, you must volunteer to join the program by submitting an application. A CDCR staff member will be able to answer your questions regarding eligibility and application procedures.
Summary : Individually tailored program for men and women, each of whom must create a rehabilitation plan outlining their goals. Participants are placed in transitional homes or residential drug treatment centers, based on their employment plans, transportation needs, and the need for focused services such as substance abuse treatment or parenting classes. Program Timeframe : Participants must have 45 days to two years left in their sentences. This means interested individuals should start asking their counselors about the program as they approach the last two years of their sentences. One day in the program is equivalent to one day of incarceration. Supervision : Level of supervision is determined on a case-by-case basis, as determined by a special parole agent, whose job is to monitor participants’ progress. Supervision may include electronic monitoring, mandatory drug tests, and face-to-face meetings with Division of Adult Parole Operations staff. Locations : Depends on facility. At publication, there is no list of approved facilities. Contact : Rosalyn Livingston, CDCR Contract Beds Unit, 916-464-5692
Am I eligible for the Alternative Custody Program (ACP)?
In order to qualify for the program, you must have 45 days to two years left in your sentence at the time of placement in the program. CDCR staff has the discretion to accept or deny applicants as it sees fit. Certain people are automatically ineligible for the ACP. If you meet any of the following criteria, you will not be considered for the program:
How do I apply for the ACP?
First, you need to obtain an acceptance letter from an existing transitional housing facility. Once you have received this letter, you may ask your counselor for an ACP application. When you fill out this application, list the facility that has accepted you as your chosen site. The CDCR must approve of the site.
Once you are determined to be eligible for the ACP, a CDCR staff member will respond within two weeks to notify you that your eligibility has been approved. Staff will then help you develop an individualized treatment and rehabilitation plan, to be used if you are accepted into the program.
Lastly, you will receive a written notice explaining whether your application was accepted or denied. If your application is accepted, you will be released no later than seven business days after receiving written notice. If there are no free beds at your requested facility, you will be released the first day a bed becomes available.
If your application is denied, the written notice will explain the reasons for denial. You may appeal the denial through normal grievance procedures, or can reapply 30 days after receiving written notice.
See next page.
Federally Assisted Housing Programs: Admissions for Applicants with Certain Criminal Backgrounds*
|
Convicted of producing meth at federally-assisted housing^ |
Lifetime registered sex offender |
Prior eviction from federally-assisted housing^ for drug-related activity |
History of drug-related criminal activity |
History of violent criminal activity |
History of crimes that threaten health, safety, or peaceful enjoyment |
Current user of illegal substances |
|
|
Public Housing |
Permanent ban on admission. 42 U.S.C. § 1437n(f); 24 C.F.R. § 960.204(a)(3). |
Permanent ban on admission. 42 U.S.C. §§ 13663 and 13664; 24 C.F.R. § 960.204(a)(4). |
3-year ban on admission unless applicant is rehabilitated. 42 U.S.C. §§ 13661(a) and 13664; 24 C.F.R. § 960.204(a)(1). |
PHA has discretion to admit applicant. 42 U.S.C. § 13661(c); 24 C.F.R. § 960.203(d). |
PHA has discretion to admit applicant. 42 U.S.C. § 13661(c); 24 C.F.R. § 960.203(d). |
PHA has discretion to admit applicant. 42 U.S.C. § 13661(c); 24 C.F.R. § 960.203(d). |
PHA must deny admission. 42 U.S.C. § 13661(b); 24 C.F.R. § 960.204(a)(2). |
|
Voucher Program |
Permanent ban on admission. 42 U.S.C. § 1437n(f); 24 C.F.R. § 982.553. |
Permanent ban on admission. 42 U.S.C. §§ 13663 and 13664; 24 C.F.R. § 982.553. |
3-year ban on admission unless applicant is rehabilitated. 42 U.S.C. §§ 13661 and 13664; 24 C.F.R. § 982.553. |
PHA has discretion to admit applicant. 42 U.S.C. § 13661(c); 24 C.F.R. § 982.553. |
PHA has discretion to admit applicant. 42 U.S.C. § 13661(c); 24 C.F.R. § 982.553. |
PHA has discretion to admit applicant. 42 U.S.C.A. § 13661(c); 24 C.F.R. § 982.553. |
PHA must deny admission. 42 U.S.C. § 13661(b); 24 C.F.R. § 982.553. |
|
Section 8 Mod Rehab |
Permanent ban on admission. 42 U.S.C. § 1437n(f); 24 C.F.R. § 882.518. |
Permanent ban on admission. 42 U.S.C. §§ 13663 and 13664; 24 C.F.R. § 882.518. |
3-year ban on admission unless applicant is rehabilitated. 42 U.S.C. §§ 13661 and 13664; 24 C.F.R. § 882.518. |
PHA has discretion to admit applicant. 42 U.S.C. § 13661(c); 24 C.F.R. § 882.518. |
PHA has discretion to admit applicant. 42 U.S.C. § 13661(c); 24 C.F.R. § 882.518. |
PHA has discretion to admit applicant. 42 U.S.C. § 13661(c); 24 C.F.R. § 882.518. |
PHA must deny admission. 42 U.S.C. § 13661(b); 24 C.F.R. § 882.518. |
|
Section 8 SRO Mod. Rehab. for homeless |
Current funds are appropriated for homeless individuals. 42 U.S.C. § 11401. Regulations may require a ban. 24 C.F.R. §§ 882.805(c) and 882.808(b)(2); see also provisions cited above under Section 8 Mod. Rehab. |
Current funds are appropriated for homeless individuals. 42 U.S.C. § 11401. Regulations may require a ban. 24 C.F.R. §§ 882.805 (c) and 882.808(b)(2); see also provisions cited above under Section 8 Mod. Rehab. |
Current funds are appropriated for homeless individuals. 42 U.S.C. § 11401. Regulations may require a ban. 24 C.F.R. §§ 882.805 (c); see also provisions cited above under Section 8 Mod. Rehab. |
PHA or owner has discretion to admit applicant. 24 C.F.R. §§ 882.805 (c) and 882.808(b)(2), see also provisions cited above under Section 8 Mod. Rehab. |
PHA or owner has discretion to admit applicant. 24 C.F.R. §§ 882.805 (c) and 882.808(b)(2), see also provisions cited above under Section 8 Mod. Rehab. |
PHA or owner has discretion to admit applicant. 24 C.F.R. §§ 882.805 (c) and 882.808(b)(2), see also provisions cited above under Section 8 Mod. Rehab. |
Current funds are appropriated for homeless individuals. 42 U.S.C. § 11401. Regulations may deny admission. 24 C.F.R. §§ 882.805 (c) and 882.808(b)(2); see also provisions cited above under Section 8 Mod. Rehab. |
|
Project-based Section 8 |
No requirement imposed by federal law. Owner has discretion to admit applicant. 42 U.S.C. § 1437n(f); 24 C.F.R. § 5.855. |
Permanent ban on admission. 42 U.S.C. §§ 13663 and 13664; 24 C.F.R § 5.856. |
3-year ban on admission unless applicant is rehabilitated. 42 U.S.C. §§ 13661 and 13664; 24 C.F.R. § 5.854. |
Owner has discretion to admit applicant. 42 U.S.C. § 13661(c); 24 C.F.R. § 5.855. |
Owner has discretion to admit applicant. 42 U.S.C. § 13661(c); 24 C.F.R. § 5.855. |
Owner has discretion to admit applicant. 42 U.S.C. § 13661(c); 24 C.F.R. § 5.855. |
Owner must deny admission. 42 U.S.C. § 13661(b); 24 C.F.R § 5.854 |
* There are no federal requirements regarding admission of individuals with criminal background to Low-Income Housing Tax Credit (LIHTC) housing, Shelter Plus Care (S+C) (see generally 24 C.F.R. §§ 582.325 and 582.330), Supportive Housing Program (SHP) (see generally 24 C.F.R. § 583.325) or Housing Opportunities for Persons with AIDS (HOPWA) (see generally 24 C.F.R. § 574.603). Federally-assisted housing is defined, in this context, to include, public housing, Section 8, Section 202, Section 811, Section 221(d)(3), Section 236, Section 515 and Section 514. CHART CONTINUES ON NEXT PAGE…
(CONTINUED FROM PREVIOUS PAGE)
Federally Assisted Housing Programs:
Admissions for Applicants with Certain Criminal Backgrounds*
|
Convicted of producing meth at federally-assisted housing^ |
Lifetime registered sex offender |
Prior eviction from federally-assisted housing^ for drug-related activity |
History of drug-related criminal activity |
History of violent criminal activity |
History of crimes that threaten health, safety, or peaceful enjoyment |
Current user of illegal substances |
|
|
Sections 202, 811, 221(d)(3), 236 |
No requirement imposed by federal law. Owner has discretion to admit applicant. 42 U.S.C. § 1437n(f); 24 C.F.R. § 5.855. |
Permanent ban on admission. 42 U.S.C. §§ 13663 and 13664; 24 C.F.R § 5.856. |
3-year ban on admission unless applicant is rehabilitated. 42 U.S.C. §§ 13661 and 13664; 24 C.F.R. § 5.854. |
Owner has discretion to admit applicant. 42 U.S.C. § 13661(c); 24 C.F.R. § 5.855. |
Owner has discretion to admit applicant. 42 U.S.C. § 13661(c); 24 C.F.R. § 5.855. |
Owner has discretion to admit applicant. 42 U.S.C. § 13661(c); 24 C.F.R. § 5.855. |
Owner must deny admission. 42 U.S.C. § 13661(b); 24 C.F.R § 5.854. |
|
USDA Housing |
Owner has discretion to admit applicant. 7 C.F.R. § 3560.154. |
Owner has discretion to admit applicant. 7 C.F.R. § 3560.154; but see 42 U.S.C. §§ 13663 and 13664, which extend to Section 515 and 514 housing. |
Owner has discretion to admit applicant. 7 C.F.R. § 3560.154; but see 42 U.S.C. §§ 13661 and 13664, which extend to Section 515 and 514 housing. |
Owner has discretion to admit applicant. 7 C.F.R. § 3560.154. |
Owner has discretion to admit applicant. 7 C.F.R. § 3560.154. |
Owner has discretion to admit applicant. 7 C.F.R. § 3560.154. |
Owner has discretion to admit applicant. 7 C.F.R. § 3560.154; see also 42 U.S.C. § 13661(b) and 24 C.F.R. § 5.850(c). |
|
HOME |
No requirements imposed by federal law; Owner has discretion to admit applicant. 24 C.F.R. § 92.253(d). |
No requirements imposed by federal law; Owner has discretion to admit applicant. 24 C.F.R. § 92.253(d). |
No requirements imposed by federal law; Owner has discretion to admit applicant. 24 C.F.R. § 92.253(d). |
No requirements imposed by federal law; Owner has discretion to admit applicant. 24 C.F.R. § 92.253(d). |
No requirements imposed by federal law; Owner has discretion to admit applicant. 24 C.F.R. § 92.253(d). |
No requirements imposed by federal law; Owner has discretion to admit applicant. 24 C.F.R. § 92.253(d). |
No requirements imposed by federal law; Owner has discretion to admit applicant. 24 C.F.R. § 92.253(d). |
* There are no federal requirements regarding admission of individuals with criminal background to Low-Income Housing Tax Credit (LIHTC) housing, Shelter Plus Care (S+C) (see generally 24 C.F.R. §§ 582.325 and 582.330), Supportive Housing Program (SHP) (see generally 24 C.F.R. § 583.325) or Housing Opportunities for Persons with AIDS (HOPWA) (see generally 24 C.F.R. § 574.603). Federally-assisted housing is defined, in this context, to include, public housing, Section 8, Section 202, Section 811, Section 221(d)(3), Section 236, Section 515 and Section 514.
If you can prove that your criminal conviction was the result of a disability —for example, due to mental illness and/or past drug addiction you may be able to get a “reasonable accommodation” when applying for ANY type of housing. However, a PHA, owner, or other housing provider is not required to grant a reasonable accommodation to an individual with a disability if that person would be a “direct threat” to the health, safety or property of others, unless the requested reasonable accommodations can actually eliminate or significantly reduce such a threat .
Under the law, housing providers cannot treat persons with disabilities exactly the same as other housing applicants or residents if doing so denies people with disabilities an equal opportunity to use and enjoy a dwelling. [1358] Therefore, by law, a PHA or owner must make reasonable accommodations to its rules, policies, practices, or services when it may be necessary to provide applicants with disabilities an equal opportunity to use and enjoy a living space [1359] — even if that accommodation results in a preference for disabled individuals over similar, non-disabled individuals. [1360] This rule applies to ALL types of housing—public and private.
WARNING: Just because you committed a criminal offense as a result of a disability does not mean you automatically have the right to a reasonable accommodation for housing. It can be very difficult to prove that your disability CAUSED your criminal offense, AND that the disability is the type that qualifies you for a reasonable accommodation
A “reasonable accommodation” is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary to give an applicant with a disability an equal opportunity to use and enjoy a living space . [1361] There is no limit or restriction to the type of accommodation that you can request, as long as the accommodation is reasonable . As a general rule, an accommodation will be considered reasonable so long as it does NOT:
It’s recommended that you ask a Public Housing Authority (PHA), owner, or housing provider to look at your criminal record using a different standard, or to make an exception to its criminal history policy altogether as a reasonable accommodation. Keep reading to learn about approaches for asking your PHA or landlord for a reasonable accommodation.
California law defines a disability as any physical or mental impairment that limits one or more of your major life activities . [1363]
> What is a physical disability under California state law?
A physical impairment is any disease, physical disorder, physical condition, or disfigurement that:
> What is considered a mental impairment under California state law?
A mental impairment is any mental or psychological condition that limits a major life activity . Common examples of mental impairments are: intellectual disabilities; brain disease; emotional or mental illnesses; learning disabilities; and any other mental or psychological condition that requires special attention or services [1365]
It is not a protected disability if you are:
Technically, yes, if it is PAST drug use and you have permanently stopped using illegal drugs, it does qualify as a disability under both federal and state law. BUT If you are currently using illegal drugs, then you are not considered disabled . [1367] See the next question for what is considered a disability in California.
IMPORTANT! There are no reported California cases where a rehabilitated applicant with a history of substance abuse, or an applicant with mental impairment, and a history of criminal acts arising from the substance abuse or mental illness has been granted a reasonable accommodation from a PHA’s criminal activity restrictions. Courts have generally been unreceptive to these arguments. Specifically, courts have been hesitant to accept arguments that a housing applicant’s criminal convictions were the result of mental illness and/or past substance abuse. Again, since it may be difficult to prove that your criminal conviction was the result of your mental illness and/or drug addiction, it is important that you offer as much evidence as possible.
It may be difficult to prove that your criminal conviction was the result of your mental illness and/or drug addiction. It is important that you submit as much evidence as possible!
Under this rule, it can be tricky to prove that you are not a current illegal drug user, especially if there was drug use or convictions for drug use in your recent past. The law doesn’t clearly define what counts as “current” illegal drug use, and there are no reported California court decisions defining “current” illegal drug use. [1368] Some courts outside of California have said a person is NOT a current illegal drug user if that person has permanently stopped using illegal drugs for periods of time ranging from a few months to a year. [1369] Outside of California, courts have said that someone is still a “current” user if they have stopped using for only a few weeks. [1370]
Based on the different ways courts are treating this issue, we recommend that you provide evidence that you are not a current user by showing any proof that:
Send a written letter requesting a reasonable accommodation to the PHA, housing provider, or owner (the one making the decision) that clearly explains ALL of the following:
“THE DIRECT THREAT EXCEPTION:” Remember that the law does not require that reasonable accommodations be granted to an individual with a disability if that person would be a “direct threat” to the health or safety of other individuals or if that person’s residency would result in substantial physical damage to the property of others UNLESS the reasonable accommodations requested can actually eliminate or significantly reduce such a threat . [1375] This is known as the “direct threat” exception. You have some protections if the PHA, housing provider, or landlord is arguing you are a “direct threat”:
There are several phases of a reasonable accommodation request: [1377]
OPTION 1: YOU CAN FILE A COMPLAINT. If you believe that a PHA, owner, or housing provider denied your request for a reasonable accommodation due to your disability and/or your past drug use, you may file a complaint with HUD (federal housing protection agency) or with California’s DFEH (the state housing protection agency). [1382] After you file a complaint, if HUD or DFEH determines that you were discriminated against (they find your complaint has “merit”), then HUD or DFEH will file a civil lawsuit against the PHA, owner, or housing provider on your behalf. Go to Appendix I on PG. 425 to learn how to file a complaint with HUD or DFEH.
OPTION 2: YOU CAN TRY TO SUE IN COURT. To sue a housing provider under the federal Fair Housing Act (FHA), California’s Fair Housing and Employment Act (FEHA), or other state anti-discrimination laws (such as California’s Unruh Civil Rights Act), [1383] you must show that your status as an individual with a disability or drug history was a motivating factor in the owner’s or PHA’s decision to deny your reasonable accommodation request. [1384] You must also provide sufficient evidence that the requested accommodation is reasonable, and that you are a former/ recovering substance user (and not a current substance user), or that you are receiving treatment for your mental illness. [1385]
The PHA or owner will likely argue that you do not have a protected disability.
They might argue that, you are a “current user” of illegal drugs or substances, and therefore, you are not disabled under the law, OR that you have not sought adequate treatment for your mental illness, and therefore are not disabled under the law. [1386]
If you go to court, you can attempt to disprove these arguments by providing treatment records establishing that you have not used illegal substances for the relevant period of time, or that you receive treatment for your mental illness. [1387] Your argument will be even stronger if you can provide e vidence of your participation in or completion of a drug/substance abuse treatment program, or proof that you receive treatment for your mental illness. Go to PG. 359 to learn more about challenging a denial from federal government-assisted housing, or go to PG. 386 to learn more about challenging a denial from private housing.
See next page.
Your credit report includes information about creditworthiness, such as your record of paying bills on time. A credit report will show information dating back 7 years (or 10 years in the case of a bankruptcy), including the following
HOWEVER, a credit report does NOT include criminal history information like a tenant report would.
If you are looking for a rental, it is best to check your credit reports before the PHA or owner does—so you know what they will find. You can go online and order FREE credit reports from the three national credit bureaus: Experian, TransUnion, and Equifax. If there’s an error, it’s a good idea to file a dispute with the bureau rather than try to explain it at the last minute.
Anyone who is evaluating your ability to pay for housing can order your credit report in California. That means that private owners, PHAs, AND owners of government-assisted housing can order a credit report to see if you have good credit and will be a reliable tenant.
Maybe, but most likely not. The companies that collect information about your credit standing are only just beginning to collect this information in a systematized way.
A credit report will show whether or not you’ve ever been evicted, your ability to pay credit card bills, utility bills, and other bills on time, and any success you’ve had paying back loans. [1388]
Maybe. Generally, late rent payments are not a part of your credit history unless the landlord or management company is reporting them. If the matter was referred to a collection agency or a civil court (like eviction case started against you), it is possible it would show up on your credit report.
The San Francisco Fair Chance Ordinance (SF FCO)is a new law that offers special protections for people with criminal records who apply to certain types of affordable housing in San Francisco. [1389] (If you are interested in the parts of this new law that apply to employment, go the EMPLOYMENT CHAPTER, Appendix G, on PG. 623.)
Check out the San Francisco Human Rights Commission’s website about how the SF FCO applies to affordable housing providers: http://sf-hrc.org/sites/sf-hrc.org/files/Fair%20Chance%20Housing%20Notice%20FINAL.pdf .
It protects applicants and tenants in city-funded affordable housing in San Francisco, California. It does NOT apply to federally subsidized housing (unless the property is receiving multiple subsidies including city-funded subsidies to keep it affordable).
No. These new legal protections apply only to city government-funded affordable housing in San Francisco, CA.
Under the San Francisco Fair Chance ordinance, “affordable housing” is defined as “any residential building in the City that has received funding from the City, connected in whole or in part to restricting rents, the funding being provided either directly or indirectly through funding to another entity that owns, master leases, or develops the building. Affordable Housing also includes ‘affordable units’ in the City as that term is defined in Article 4 of the Planning Code.” The term “housing provider” is broad, and includes any entity that owns, master leases, or develops affordable housing, and any agent, such as a property management company, that makes tenancy decisions on behalf if these entities.
We break down what rights the SF FCO gives you in each step of your application to affordable housing in San Francisco:
When you are APPLYING, Affordable housing providers in San Francisco:
What can city-funded affordable housing providers in San Francisco ask me about my criminal record after they find I am qualified for the housing in every other way?
After you’re found qualified, an affordable housing provider in San Francisco can ask about: pending (open) arrests, and convictions that are 0–7 years old (based on the date of sentencing). [1394] BUT even though they can ask about this information, there are limits on how the affordable housing provider can use it—see Step 3 below.
What can city-funded affordable housing providers in San Francisco NEVER ask me about my criminal record?
City-funded housing providers in San Francisco can never ask about:
An affordable housing provider in San Francisco that is considering your conviction history must:
You have only 14 days to respond. SO ACT FAST! You can respond IN WRITING or VERBALLY by:
If an affordable housing provider in SF wants to deny you because of your record , THEY MUST abide by the following rules:
Must I get notice of the housing provider’s final decision?
Yes. An affordable housing provider in SF who makes a final decision to deny you must give you a final notice. If a final negative decision is made based on your criminal record, you should consider challenging the decision to the San Francisco Human Rights Commission. HOW? See STEP 6 below.
If you believe that there has been a violation of the rules above, you should report it to the SF Human Rights Commission. This must be done within 60 days of the violation (when you get your final decision). [1396]
You can begin the process of reporting a violation by following these 3 steps:
NOTE: HRC's Discrimination Complaints Investigation and Mediation Division investigates and mediates complaints of discrimination and non-compliance in employment, housing, and public accommodation. [1397]
It’s important to report violations because:
If you believe you have been illegally discriminated against in applying for private housing from a private landlord (meaning neither the owner, you nor the property receive federal government money to assist in making the housing more affordable), you can challenge that discriminatory denial. Read about how to challenge an illegal discriminatory denial below, and which government agencies you should contact.
FEDERAL HOUSING AGENCY:
The U.S. Department of Housing and Urban Development (HUD) is a federal agency that enforces the federal Fair Housing Act (FHA). [1399] HUD has to refer the complaints of housing discrimination it receives to the fair housing enforcement agency in the state where the discrimination occurred if that state’s fair housing agency is certified by HUD as having mostly the same laws, procedures, remedies, and judicial review. [1400]
AND
STATE HOUSING AGENCY:
In California, our state fair housing enforcement agency is the Department of Fair Employment and Housing (DFEH), and it is certified by HUD to enforce, investigate, conciliate, and litigate discriminatory housing practices in California.
Your main options are:
> HOW CAN I FIGURE OUT WHICH OPTION TO CHOOSE?
Talk to a lawyer or an advocate at a nonprofit legal services organization if possible—they can help advise you! Also, you can always file a complaint with both HUD & DFEH. More on each of these 3 options below.
You can file an administrative complaint with California’s DFEH or the federal agency HUD, or both. This may lead to a lawsuit in civil court (possible with both DFEH or HUD) or an administrative hearing (HUD only). Read about how to file a state administrative complaint and a federal administrative complaint below.
OPTION 1: FILING A STATE ADMINISTRATIVE COMPLAINT WITH CALIFORNIA’S DFEH. [1401]
You can file an administrative complaint with California’s DFEH within 1 year of the discriminatory act. [1402] To begin the process, you must contact DFEH in writing, online, or by phone, with basic information about the discrimination (what happened to you, when, where, etc.). [1403] The DFEH will conduct an intake interview to learn more about your situation, and to determine whether you can file a formal (“ verified ”) complaint. [1404] See PG. 425 for a step-by-step explanation of the DFEH’s state complaint process.
DFEH is supposed to be very generous in accepting your complaint. However, in some cases, the DFEH may decide that you cannot file a complaint—for example, if the landlord’s conduct is legal, happened more than a year ago, or is outside of DFEH’s legal control, or if you already filed a complaint with DFEH or HUD regarding the same discrimination. [1405]
Once the DFEH accepts your complaint, it must follow certain time limits. The DFEH has 10 days to inform you of your procedural rights and obligations. [1406] The landlord then has 20 days to respond to the complaint. [1407] Within 30 days , DFEH must begin to investigate your complaint, and it must finish the investigation within 100 days . [1408]
Maybe. At some point (before, during, or after the investigation), the DFEH may also require you and the landlord to go through mediation (meaning an alternative dispute resolution or a settlement negotiation) to see whether you can resolve the problem cooperatively. [1409]
First, you need to file a Pre-Complaint Questionnaire, Form DFEH-700-01 (English) or Form DFEH-700-01S (Spanish). A Pre-Complaint Questionnaire can be filed by you, the Director of DFEH, or a community organization. You can do this online, by phone, or by mail.
NOTE: It is very important that you provide an up-to-date phone number where you can be reached!
Within 10 days of receiving your Pre-Complaint Questionnaire, an investigator from the DFEH will contact you by telephone to conduct an intake interview. The investigator will ask you questions to collect facts about the possible discrimination.
If your complaint is accepted for investigation, the DFEH investigator will draft the complaint and ask for you or your representative to sign the complaint. This formal complaint is then served on the “Respondent” (the person or entity that who you have made the allegation against). The Respondent is required to answer the complaint and is given the opportunity to voluntarily resolve it. A no-fault resolution can be negotiated at any time during the complaint process.
If there is also federal law that would protect you, then the formal complaint is also filed with the United States Department of Housing and Urban Development (HUD). Note: HUD usually accepts DFEH’s findings with respect to the alleged discrimination.
DFEH must investigate every case in a standard, timely manner.
DFEH has the authority to take depositions, issue subpoenas and interrogatories and seek Temporary Restraining Orders when appropriate.
If the investigative findings do not show a violation of the law, the DFEH will close the case. If the DFEH finds a violation, continue to STEP 5.
If the DFEH’s investigation shows that there was a violation of fair housing law, then it will schedule formal mediation/ conciliation conferences between the DFEH’s representatives, you, and the responding landlord.
During the mediation/conciliation conference, the DFEH presents information supporting its belief that there has been a violation and explores options to resolve the complaint.
If formal mediation/conciliation fails, the DFEH will then have to decide whether or not to file a civil lawsuit.
If the DFEH decides to litigate the case, it will be heard in civil court.
If the lawsuit is successful (meaning the court finds that the landlord discriminated against you), you may be awarded some or all of the following remedies:
Below is a flowchart showing what happens when you file a DFEH complaint. [1413] Remember: if HUD (the federal fair housing agency, see PG. 428) also has jurisdiction (legal authority) over your housing complaint, then the DFEH will also file your complaint with HUD at the same time.
OPTION 2: FILING A FEDERAL ADMINISTRATIVE COMPLAINT WITH HUD.
The procedures and potential relief of filing an administrative complaint with HUD are basically the same as filing an administrative complaint with California’s DFEH (see PG. 425 on how to file state housing discrimination complaint with the DFEH).
You have 1 year after the discriminatory practice occurs to file your complaint with HUD. [1414]
HUD has 100 days to determine if there is “reasonable cause” to believe the discrimination occurred. [1415] Within these 100 days, HUD must try to facilitate a conciliation agreement (meaning an agreement that solves the problem) between you and the landlord who discriminated. [1416]
HUD gives special treatment in 2 types of cases:
OPTION 3: YOU CAN FILE A CIVIL LAWSUIT DIRECTLY IN STATE OR FEDERAL COURT—DEPENDING ON WHAT KINDS OF LEGAL VIOLATIONS YOU ARE ALLEGING.
You may file a civil state or federal lawsuit under either or both federal law (e.g., the FHA) and state law (e.g., the FEHA, the Unruh Act, or other laws).
If the lawsuit is successful (meaning the judge finds that the landlord discriminated against you), you may be awarded some or all of the following remedies:
OPTION 4: The U.S. Department of Justice (U.S. DOJ) or the California Department of Justice (CA DOJ) may also file a complaint—on the behalf of their government agencies OR on your behalf.
The U.S. DOJ may file a civil lawsuit in federal court if there is reasonable cause to believe that:
The California Attorney General, who leads the CA DOJ, may also file a civil lawsuit in state court under the same standard. [1424] In such a case, the California Attorney General and the DFEH (California Department of Fair Employment and Housing) must comply with the California State Bar’s Rules of Professional Conduct in representing your interests, establish an attorney-client relationship, and zealously represent your interests. [1425]
This type of lawsuit is called a “state enforcement action,” and the U.S. DOJ or CA DOJ must file the lawsuit within 18 months (1.5 years) after the discriminatory act. [1426]
It may! If your city or county has special protections against housing discrimination of people with records, or has local agencies in charge of enforcing fair housing laws, then you may also want to bring your housing discrimination complaint to the city agency responsible for fair housing where you live. If you aren’t sure, you can always ask someone at the DFEH, or ask a local nonprofit housing attorney (see a list of legal aid organizations that may be able to assist you on PG. 1075). For example, the city of San Francisco, CA has a new law called the “Fair Chance Ordinance” that adds additional protections for people with criminal records who apply to live in city-funded affordable housing (which includes Below Market Rate or “BMR” units in private buildings in SF). Go to Appendix H, PG. 422 for information on the San Francisco law and the process of filing a complaint against a landlord or housing provider who has violated the law in San Francisco.
The grievance procedures for Rural Development (RD) housing are different from most other government-assisted housing programs. Here is an overview of how it works if you live in RD housing:
It’s very common to live in transitional housing after release from prison or jail. As described on PG. 340, transitional housing programs are temporary programs that offer temporary housing and services. They usually have requirements you have to meet before you can move in, and there are usually waitlists. Some transitional housing programs offer services like job training, counseling, GED programs, and computer classes. Some transitional housing programs are intended for people with specific needs such as mental illness, addiction treatment and recovery (see PG. 347), disabilities (PG. 414), or domestic violence support (see PG. 344).
In this section, we explain a special law called the Transitional Housing Participant Misconduct Act (THPMA). Just because you live in transitional housing does NOT mean that the THPMA applies to you, so read carefully !
If a resident and a transitional housing provider have an agreement for that person to live in the housing unit, the transitional housing provider MUST follow California’s formal eviction process in civil court (these cases are called “unlawful detainer” actions under the law). If a transitional housing provider removes you without going through the formal court process , that housing provider could be subject to legal liability. If possible, talk to an lawyer or advocate at a legal aid organization about your rights (see a list of legal aid organizations across California, beginning on PG. 1075).
THE THPMA IS THE EXCEPTION TO THE GENERAL RULE:
The THPMA is a California state law and says owners of transitional housing can evict you more quickly than a normal eviction procedure ONLY IF the following 3 requirements are met:
A tenant is a person who lives on land or in a property that is rented from a landlord.
ALL of these factors need to be true, and most of the time, they are not, so REMEMBER—generally you have the same rights as a tenant facing eviction, which means usually a transitional housing provider has to go through the court process to evict (remove) you.
Under the THPMA, a transitional housing program is any program designed to assist homeless persons to live independently in permanent housing with all the following components:
KEY DEFINITION: “Homeless person” = This law defines a homeless person as an individual or family who lacks a fixed, regular, and adequate place to sleep at night, or lived in any temporary housing, shelter, or institution, which includes sites not ordinarily used or designed for regular sleeping. This definition also covers any person living with the transitional housing program participant.
An operator may use the faster, expedited THPMA restraining order/injunction process only for (1) program misconduct, or (2) abuse, defined below.
OR
Even in these situations, the transitional housing provider may NOT use the expedited THPMA removal process against a participant in the program for 6 months or more, UNLESS a restraining order (permanent injunction) or temporary restraining order (TRO) is already pending or in force against you. If the operator hasn’t started a THPMA action within 6 months of your participation in the program, then the operator must either (1) go through the form eviction (“unlawful detainer”) court process, and/or (2) use a traditional civil harassment restraining order process to remove you. [1427]
If the above requirements are all met, a transitional housing program operator may:
The TRO process is a 2-step process:
STEP 1: The transitional housing program operator must file an application for an immediate temporary restraining order (TRO) until a hearing can take place. This immediate TRO may include orders that you (the program participant) refrain from misconduct, or it may exclude you from participating and living at the transitional housing program site, and stay at least 200 feet away from the site of abuse (defined above, PG. 432) was alleged.
STEP 2: There is a hearing on permanent injunction —usually within in 5 days of the program operator filing the TRO. For the judge to issue a permanent injunction (permanent restraining order) at the hearing, there must be clear and convincing evidence of program misconduct or abuse by the participant.
These types of orders are defined below:
A transitional housing program operator may only ask for exclusion and stay away orders for “abuse,” NOT for “program misconduct” (defined above on PG. 432). These orders can last for up to 1 year after the hearing , and the operator can ask the court to renew the restraining order after that ( NOTE: the operator must ask for an extension of the exclusion or stay away order at least 3 months before the original one expires).
The program operator may also be able to get an immediate exclusion or stay away order from the court in a temporary restraining order (TRO) hearing—but only if it’s an emergency. It can only be considered an emergency if it’s necessary to protect another participant, employee, or person living within 100 feet of the program site from “imminent serious bodily injury.”
Before the hearing, through a TRO, the transitional housing program operator may have you immediately removed from the unit.
After the hearing, the transitional housing program operator may take immediate possession of the unit and consider it “abandoned.” If there are other people living in the unit (for example, your family members), but those other people were not named in the restraining order petition, then the program operator may only remove you, and anyone actually named in the petition. A copy of the order will also be given to the local police.
If you violate the conditions of the restraining order (also called a permanent injunction), the transitional housing program operator may:
You can download all forms related to the THPMA on the California Superior Court’s website at http://www.courts.ca.gov/forms.htm?filter=TH .
The California Courts have published instructions for people who are facing removal from transitional housing under the THMPA. Those instructions are available on court form TH-210, available online at http://www.courts.ca.gov/documents/th210.pdf , and also copied below for your reference.
1. Legal advice. If you are served with an Order to Show Cause and Temporary Restraining Order ["OSC/TRO"] and a Petition, you should seek legal advice right away. The OSC/TRO should list the name, address, and phone number of the Legal Services Office in the county where the petition is filed. You may be able to get legal services by contacting this office. If you do not have an attorney, you can also call the attorney's referral service of your local bar association for help.
2. Read the Instructions. Whether or not you choose to talk to an attorney, you should read all of these instructions and the other papers you have received.
3. Obey the Order. Read the papers served on you very carefully. The Petition tells you what orders the program opera- tor is asking the court to make. The OSC/TRO tells you when to appear in court and may contain a temporary order telling you that you cannot do certain things. YOU HAVE TO OBEY THE ORDER. IF YOU DO NOT OBEY THE COURT'S ORDERS, CRIMINAL CHARGES MAY BE FILED AGAINST YOU. IF YOU ARE FOUND IN CONTEMPT OF COURT FOR NOT FOLLOWING THE COURT'S ORDERS, THE COURT CAN CHANGE THE ORDERS TO FORCE YOU TO MOVE OUT OF THE PROGRAM'S HOUSING.
4. Review the facts. Read the description of the facts on the Petition very carefully. This is where the program operator tells the judge what he or she thinks happened. If you do not agree with the facts on the petition or you think it would not be fair for the court to grant orders against you, GO TO THE HEARING. The place and time of the hearing are on the first page of the form named "Order to Show Cause and Temporary Restraining Order."
5. Respond to the court. If you want to fight the petition you should file a Participant's Response. YOU DO NOT HAVE TO PAY A FEE TO FILE THIS FORM. A blank copy of the Response should have been given to you with the OSC/TRO. You can also file and serve statements signed by people who have personal knowledge of the facts. These are called "declarations." You can type these declarations on form MC-031 and attach them to your Response. If you do not know how to prepare a declaration, you should see an attorney.
6. Serve a copy on program operator. After you have filed the Participant's Response with the superior court clerk, a copy must be delivered personally or by mail to the program operator or the program operator's attorney.
You cannot serve the program operator yourself. Service may be made by a licensed process server, the sheriff's department, or any person 18 years of age or older, other than you. The person should complete and sign a Proof of Personal Service form. (A blank copy should have been given to you with the OSC/TRO.) You should take the completed form back to the court clerk or bring it with you to the hearing.
7. Extensions. If you need more time to find an attorney or to prepare your Response, you must ask the judge for a continuance (extension) by the hearing date shown on the OSC/TRO.
8. Opposing the Petition. If you wish to fight the lawsuit, you should file a Participant's Response and also go to the hearing. If you have any witnesses, they also must be present. If you do not attend the hearing, the court may make "permanent" orders against you that will last up to one year. If you can't file and serve a Response (or find an attorney who will), SHOW UP AT THE HEARING ANYWAY. At the hearing, explain your difficulties to the judge, and ask to be allowed to tell your side of the case.
This PUBLIC BENEFITS CHAPTER will give you an overview of the public benefits (government assistance) available to you in reentry, including how a criminal record affects your application. This chapter explains the most common public benefits programs that can help provide things like: cash assistance, health care, or food in your transition.
DISCLAIMER – YOUR RESPONSIBILITY WHEN USING THIS GUIDE: When putting together the Roadmap to Reentry: A California Legal Guide , we did our best to give you useful and accurate information. However, the laws change frequently and are subject to differing interpretations. We do not always have the resources to make changes to this informational material every time the law changes. If you use information from the Roadmap to Reentry legal guide, it is your responsibility to make sure that the law has not changed and applies to your particular situation. If you are incarcerated, most of the materials you need should be available in your institution’s law library. The Roadmap to Reentry guide is not intending to give legal advice, but rather legal information. No attorney-client relationship is created by using any information in this guide. You should always consult your own attorney if you need legal advice specific to your situation.
PUBLIC BENEFITS
TABLE OF CONTENTS
I. INTRODUCTION 440
What are public benefits? 440
What should I know about federal, state, and county benefits? 440
Can my criminal history limit my ability to get public benefits? 441
Can I apply for public benefits while I’m incarcerated? 441
II. BASIC NEEDS CASH BENEFITS 442
General Assistance/General Relief (GA/GR) 442
Am I eligible for GA/GR? 442
Can my criminal history limit my ability to get GA/GR? 442
What benefits and services can I get through GA/GR? 443
How do I apply for GA/GR? 443
Can I apply for GA/GR while incarcerated? 443
Once I’m enrolled in GA/GR, what rules must I follow to stay in the program? 443
I believe my application for General Assistance/General Relief benefits was wrongly denied or stopped. How can I appeal? 444
Can I get my Medi-Cal health insurance to cover a medical bill I got after my release BUT before I had signed up for Medi-Cal? 444
CalWORKs 444
Am I eligible for CalWORKs? 444
Can my criminal history limit my ability to get CalWORKs? 445
What benefits and services can I get through CalWORKs? 446
How do I apply for CalWORKs? 447
Can I apply for CalWORKs while incarcerated? 447
How do I receive my CalWORKs benefits? 447
Once I’m enrolled in CalWORKs, what rules must I follow? 447
I believe my CalWORKs was wrongly denied or stopped. How do I appeal? 448
III. FOOD BENEFITS 449
CalFresh (Food Stamps) 449
Am I eligible for CalFresh? 449
Can my criminal history limit my ability to get CalFresh? 450
How do I apply for CalFresh? 451
Can I apply for CalFresh while incarcerated? 451
How do I receive my CalFresh benefits? 451
Once I’m enrolled in CalFresh, what rules must I follow to stay eligible? 452
I believe my CalFresh was wrongly denied or stopped. How do I appeal? 452
Food Banks 453
What is a food bank? 453
Where can I find food? 453
What is the Emergency Food Assistance Program (EFAP)? 453
Where can I find a food bank to get EFAP benefits? 454
What documents might I need to get EFAP benefits? 454
Can my criminal history limit my ability to get EFAP? 454
Can I apply for EFAP benefits while incarcerated? 454
Women, Infants & Children Program (WIC) 454
Am I eligible for WIC? 454
Can my criminal history limit my ability to get WIC? 455
How do I apply for WIC? 455
Can I apply for WIC while incarcerated? 455
IV. HEALTH CARE BENEFITS 456
Why should I get health care coverage (health insurance)? 456
Covered California 456
What is Covered California? 456
Am I eligible to enroll in health care coverage through Covered California? 457
What benefits and services can I get through Covered California? 457
Can my criminal history limit my ability to get health care using Covered California? 457
Am I legally required to enroll in health care coverage? 457
When can I apply for health care through Covered California? 458
How do I enroll in health care through Covered California? 459
Can I get health care through Covered California while I’m incarcerated? 461
Medi-Cal 461
What is Medi-Cal? 461
Am I eligible for Medi-Cal? 461
What benefits and services can I get through MediCal? 462
Can my criminal history limit my ability to get Medi-Cal benefits? 463
How do I apply for Medi-Cal? 463
Can I apply for Medi-Cal while incarcerated? 463
I had Medi-Cal when I entered prison or jail. What happens to it while I’m incarcerated? 464
My Medi-Cal stopped while I was incarcerated. How do I restart it? 464
I believe my Medi-Cal was wrongly denied or stopped. How do I appeal? 465
Medicare 466
What is Medicare? 466
Can my criminal history limit my ability to get Medicare? 466
Am I eligible for Medicare? 466
What benefits and services can I get through Medicare? 466
How do I apply for Medicare? 467
Can I apply for Medicare while incarcerated? 468
I had Medicare when I entered prison or jail. What happens to it while I’m incarcerated? 468
My Medicare stopped while I was incarcerated. How do I restart it? 469
I believe my Medicare was wrongly denied or stopped. How do I appeal? 469
V. WORK Services BENEFITS 471
CalFresh Employment & Training (E&T) Program 471
Am I eligible for CalFresh E&T? 471
Can my criminal history limit my ability to get CalFresh E&T? 471
What benefits and services can I get through CalFresh E&T? 471
How do I enroll in CalFresh E&T? 471
CalWORKs Welfare-To-Work 471
Once i’m enrolled in Calworks Welfare-To-Work, what rules must i follow to stay eligible? 472
Can my criminal history limit my ability to participate in CalWORKs Welfare-To-Work? 472
What benefits and services can I get through CalWORKs Welfare-To-Work? 472
VI. SOCIAL SECURITY BENEFITS 473
Social Security Retirement Benefits 473
What are Social Security retirement benefits? 473
Am I eligible for Social Security retirement benefits? 473
Can my criminal history limit my ability to get retirement benefits? 473
How do I apply for retirement benefits? 474
Can I apply for retirement benefits while incarcerated? 475
I was receiving retirement benefits when I entered prison or jail. What happens to them while I’m incarcerated? 475
My retirement benefits stopped while I was incarcerated. How do I restart them? 476
Social Security Disability Insurance (SSDI) 477
What is Social Security Disability Insurance (SSDI)? 477
Am I eligible for SSDI? 477
Can my criminal history limit my ability to get SSDI? 477
How do I apply for SSDI? 478
Can I apply for SSDI while incarcerated? 479
I was receiving SSDI when I got arrested. What happens to it while I’m incarcerated? 480
My SSDI stopped while I was incarcerated. How do I restart it? 480
I believe my SSDI was wrongly denied or stopped. How do I appeal? 481
Supplemental Security Income (SSI) 481
Am I eligible for SSI? 481
How SSI affects your ability to get other public benefits: 482
Can my criminal history limit my ability to get SSI? 482
How do I apply for SSI? 483
Can I apply for SSI while incarcerated? 483
I was receiving SSI when I entered prison or jail. What happens to it while I’m incarcerated? 484
My SSI benefits stopped while I was incarcerated. How do I restart them? 486
I believe my SSI was wrongly denied or stopped. How do I appeal? 487
VII. VETERANS’ BENEFITS 488
Am I eligible for veterans’ (VA) benefits? 488
Can my criminal history limit my ability to get VA benefits? 489
How do I apply for VA benefits? 490
Can I apply for VA benefits while incarcerated? 490
I was receiving VA benefits before I got arrested. What happens to them while I’m incarcerated? 491
My VA benefits were reduced or stopped while I was incarcerated. How do I restore or restart my VA benefits? 493
I’m disqualified from VA benefits because of my negative discharge status. How can I have my discharge status reviewed for an upgrade? 494
VIII. LifeLine Cell Phone & Landline Benefits 495
What is the LifeLine Phone program? 495
What benefits will the California LifeLine program provide? 495
Am I eligible for the California LifeLine program? 495
How do I apply for the California LifeLine program? 496
What documents do I need to be found eligible? 496
Can my criminal backround limit my ability to get a California Lifeline phone? 496
Can I apply for a California LifeLine phone while incarcerated? 497
How do I receive my phone and Lifeline benefits? 497
Once enrolled, what rules must I follow to remain eligible? 497
I believe my LifeLine phone was wrongly denied or wrongly stopped service. How do I appeal? 497
What if I have additional questions or problems? 497
PUBLIC BENEFITS APPENDIX 498
“Public benefits” are government-funded programs that help people get basic life necessities. Public benefits are sometimes referred to as “welfare.” There are public benefits programs to help people get food, shelter, healthcare, childcare, cash for daily expenses, and support in emergencies. Each program has different procedures, rules, and requirements that you have to meet to qualify. Depending on your situation, you may qualify for several of the public benefits programs, just one, or none. This section explains what the major public benefits programs offer, which ones you may qualify for, and how to get them. [1428]
The federal (national) government is in charge of certain public benefits programs that operate across the country; and the state and county governments are in charge of others that are specific to their own residents:
It is important to know what government agency runs your public benefits—who sets the program rules, as well as which agency you apply and report to.
This chart describes the most common types of public benefits programs, and what they can provide to people who qualify. Whether you qualify depends on many individual factors.
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SUMMARY OF THE MAJOR PUBLIC BENEFITS PROGRAMS IN CALIFORNIA |
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TYPE OF PUBLIC BENEFIT |
DESCRIPTION |
|
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Basic Needs Cash Benefits |
Basic Needs Cash Benefits programs called General Assistance/General Relief (GA/GR) and CalWORKS provide temporary and/or long-term financial (cash) aid to low income people and families |
|
|
Food Benefits |
California provides food benefits through a program called CalFresh (food stamps). CalFresh provides money to low-income people and families to purchase food. Pregnant women, infants and children may potentially be eligible for WIC, a program that provides food for pregnant women or mothers of young children. There are also hundreds of free food banks throughout California. |
|
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Health Care Benefits |
California provides free health insurance and coverage to low income people and families through a program called Medi-Cal. People who do not qualify for Medi-Cal may sign up for health care through the State’s healthcare marketplace, Covered California. |
|
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Work Services Benefits |
People enrolled in CalWORKS are eligible for Welfare-To-Work, a program that helps people to train for and find employment. |
|
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Social Security Benefits |
Social Security Benefits are for retired people, disabled people, and their families. Through Retirement Benefits, Disability Benefits (SSDI), and Supplemental Security Income (SSI/SSP), qualifying people may receive monthly cash assistance. |
|
|
Veterans Benefits |
The federal Department of Veterans Affairs (VA) provides benefits to former U.S. military service members, such as health care, transitional assistance, and employment-related services. |
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It depends. With some benefits programs, there are no rules or requirements related to criminal histories, so you can and should apply to these programs. You can even apply for certain benefits while you are still in prison or jail. But with other benefits programs, there are rules that may disqualify you based on your criminal history. Some programs may limit or deny your access to benefits if you have a certain kind of criminal conviction (a criminal offense you were found guilty of); a parole/probation violation; certain kinds of unpaid fines, fees or debts; or an outstanding warrant. Different programs will have different rules and requirements about these issues. Some programs also impose different restrictions based on what your conviction or violation was, how long ago it was, and how many other convictions or violations you have had.
It depends. For some benefits, yes , you can and should! Depending on where you’re incarcerated, there may be special staff or programs in your facility to help you apply for health care, disability support, and other benefits. Often, you can’t start receiving the benefits while you’re still incarcerated—but by signing up before your release, you can ensure you’ll have access to those benefits soon after you get out. This manual will provide information about the programs where this is possible.
Learn more about which benefits are available to you and how to apply by looking up your county welfare agency. This can be found online at: http://www.cwda.org/links/chsa.php
General Assistance and General Relief (GA/GR) provide cash assistance to adults who have little money, no sources of support, and who are not currently receiving any other public benefits. Every county in California runs its own GA or GR program, referred to in some counties (mostly in Northern California) as General Assistance (GA) and in other counties (mostly in Southern California) as General Relief (GR).
General Assistance/General Relief is designed to assist needy single adults. The typical General Assistance/General Relief recipient is a low-income single person who has limited resources and does not receive any other Public Benefits. The typical CalWORKS recipients are low-income families with minor children who may also receive other Public Benefits.
In general, to be able to get General Assistance/General Relief, you must:
Every county has its own rules, including specific limits on the income and property you can have. Contact your county welfare agency for more details. For a list of county welfare agencies, see Appendix A on PG. 499. [1431]
Some counties may have special rules and restrictions for people with drug-related convictions or other violations, or people who are suspected of having a warrant, being in violation of parole or probation, or fleeing to avoid prosecution. For example, in Los Angeles County, you are ineligible for GA/GR if you are on house arrest. Other counties, such as San Francisco, make eligibility determinations on a case-by-case basis.
When applying for GA/GR, you should bring whatever form of identification you have. If you do not have any ID, the social worker at the county welfare agency should be able to help you in proving your identity. Some counties also require a fingerprint be taken before benefits can be distributed. For information about applying for a California state ID card for free or reduced price, see the BUILDING BLOCKS IN REENTRY: ID & VOTING CHAPTER, on PG. 42. If you have more questions about applying for GA/GR, you may call the following nonprofit organizations: Public Interest Law Project (PILP) at (510) 891-9794 or the Western Center on Law and Poverty (WCLP) at (213) 487-7211, for advice.
Maybe. Some counties have special rules and restrictions for people with drug-related criminal convictions or other violations, or for people who are suspected of having a warrant, being in violation of parole or probation, or fleeing to avoid prosecution for a crime. Contact your county welfare agency to ask about its local policy. For a directory of county welfare agencies, see Appendix A, PG. 499. [1432] If you believe that your county welfare agency is wrongly or unlawfully denying GA/GR benefits to you, you may call the following nonprofit organizations: Public Interest Law Project (PILP) at (510) 891-9794 or the Western Center on Law and Poverty (WCLP) at (213) 487-7211, for advice.
It depends on your county. Every county offers different benefits and services through GA/GR, and every county sets its own specific rules. Generally, every county’s GA/GR program provides a monthly cash amount. But remember that the rules vary by county:
You may be considered unemployable if you are: older than 70 years old; responsible for the substantial and continuous care of a family member; or you are disabled.
IMPORTANT INFORMATION FOR GA/GR: The difference between a grant and a loan: Some counties provide GA/GR cash as a “grant” (a gift), with no strings attached; other counties provide GA/GR as a “loan.” If your county treats GA/GR as a loan, you will have to pay it back if you have enough income to do so. Several counties require anyone who receives GA/GR, but is then later approved for Social Security Benefits, to repay GA/GR benefits. For more information on Social Security Benefits, see PG. 473. Also, many counties have rules that limit the number of months that you can get GA/GR benefits throughout the year.
You must apply for General Assistance/General Relief in person. If you have a disability that stops you from going into the county welfare office, you can request help. Contact your county welfare agency for details about the application process in your county. For a directory of county welfare agencies, see Appendix A, PG. 499. Note that some counties accept GA/GR applications only at specific offices, so if you are unsure about which office to go to, you should call the main county welfare office and ask.
Note that you can apply for General Assistance/General Relief at the same time you apply for CalFresh (“food stamps”) and/or Medi-Cal (health insurance for low-income Californians), and it is usually a good idea to do so. Some counties may allow you to apply for General Assistance/General Relief upon release or at a community re-entry center. See more information about CalFresh on PG. 449 and Medi-Cal on PG. 461.
No. You are not eligible to apply for GA/GR while in jail or prison. But remember that you may be eligible to apply once you are released. [1433] If you are on house arrest, contact your county welfare agency to ask if you are eligible for GA/GR. [1434]
It depends on your county. Every county sets its own General Assistance/ General Relief rules. Here are some of the rules to know about:
If you are denied or lose General Assistance/General Relief benefits, you can request a hearing at any time. The back of any county notice about General Assistance/General Relief eligibility should contain a form that explains how to request a hearing. You may also request a hearing by calling your county welfare agency. We recommend requesting a hearing in writing, so that there is a record of your compliant.
Yes. You can retroctively get reimbursed for eligible medical expenses incurred up to three months before you applied for Medi-Cal. [1436] You must submit a form MC210a (Supplement to Statement of Facts for Retroactive Coverage, available in Appendix E on PG. 508), along with any relevant receipts and unpaid bills, within one year of incurring the expenses. [1437] NOTE: you may be eligible for retroactive coverage even if you did not apply or were found ineligible for ongoing coverage.
CalWORKs provides monthly cash aid, access to food and health care benefits, and other services for families with children. [1438] The State of California runs CalWORKs as part of the federal government’s Temporary Assistance for Needy Families (TANF) program. [1439] Both the federal and California governments set the major rules for this program, but each county runs their own program, and each county may have slightly different rules for how to apply and available services. [1440]
CalWORKs is for families with children who need support because at least one parent is unemployed (defined as working less than 100 hours per month), disabled, absent, in jail or prison, or dead, and for needy caretakers of foster child(ren). [1441]
There is an exception for age limit of a child. If there is a child over 18 that is living at home but is expected to complete high school before his/her 19 th birthday, you may be eligible for CalWORKs.
If you’re a parent or caretaker with at least one child in your home, you may be able to get CalWORKs if all of the following requirements are met:
IMPORTANT: Counting your income to see if you’re eligible for CalWORKs works differently than counting your income to calculate your benefit amount. Read more online at: http://ca.db101.org/ca/programs/income_support/calworks/program2.htm
Learn how to apply for CalWORKs on PG. 447. You may also visit the following website for tips on applying to CalWORKs: http://lsnc.net/calworks-tips-and-fact-sheets/ .
IMPORTANT INFORMATION ABOUT HOUSEHOLD SIZE: In calculating your benefits, CalWORKs may not count some people in your home as part of your family. Ask your county CalWORKs office for details on who will be included in the “household size.” Examples of people who may not count, even if they live with you, are anyone who: is receiving SSI benefits; is a noncitizen or does not have permanent legal presence in the U.S.; foster children receiving foster care payments; sponsored non-citizens who receive support from sponsors; any anyone who was sanctioned by the CalWORKs program.
Maybe. If any of the following statements apply to you, you might not be eligible for CalWORKs:
No, not anymore. California’s law changed! Read more in the important update box below.
GREAT NEWS! California eliminated the ban on aid for people with past drug-related felony convictions. Starting April 1, 2015, you could no longer be disqualified from CalWORKs or CalFresh because of a prior drug-related felony conviction and no longer have to report a prior drug felony on any CalWORKs or CalFresh application or report (see more on CalFresh “food stamps” beginning on PG. 449). If you applied for CalWORKs or CalFresh before April 1, 2015, and were denied due to a drug conviction, it’s recommended that you reapply under the newer rules.If you are on parole, probation, or another form of community supervision, it’s important that you follow the rules of your supervision to remain in the CalWORKs and/or CalFresh program(s). If you violate the terms of your supervision, you will lose your CalFresh and CalWORKs. [1455] If anyone in your family was already receiving CalWORKs aid, your benefits should have been automatically added to your family’s April 2015 Grant. Once you are added to CalWORKs, you are also required to participate in the Welfare-to-Work program requirement (see PG. 471). If you were already meeting Welfare-to-Work requirements, you became newly eligible for transportation costs, subsidized child care, and other work supports. Contact your family’s CalWORKs caseworker if you do not receive a letter from the county about these new benefits and rules by March 1, 2015.
You can get cash assistance, employment services, and other benefits.
This 48-month limit is a lifetime limit. In special situations, you can keep getting cash aid for longer. Contact your county CalWORKs office for details.
Cash assistance: CalWORKs provides monthly cash aid to help pay for basic needs such as housing, food, utilities, clothing, and medical care. Your monthly aid (“grant level”) is based on two factors:
Your family size: Generally, if you have a larger family, you’ll qualify for more cash aid; and if you have a smaller family, you’ll qualify for less.
Where you live: Generally, if you live in an urban county (“Region I”) where living costs are higher, you’ll qualify for more cash aid; and if you live in a rural county (“Region II”), you’ll qualify for less. [1456]
Generally, parents or caretakers can get CalWORKs cash aid for up to 48 months. But in many cases, a child in the family can keep getting cash aid after the 48 months are up. [1457]
Employment services: CalWORKs provides job training and job counseling services through a program called Welfare-to-Work (WTW). [1458] For more information about Welfare-to-Work, see PG. 471.
Other benefits: Depending on your situation and what your county provides, you may qualify for other benefits through CalWORKs, such as:
Contact your local county welfare agency to get an application form and start the application process. For a directory of county welfare agencies in California, see Appendix A, PG. 499 or visit the website: www.cwda.org/links/chsa.php .
If you have Internet access, you can also visit MyBenefits CalWIN at https://www.mybenefitscalwin.org/ to learn more about CalWORKs, check if you are eligible, and apply online.
No. You can only apply for CalWORKs once you have been released from prison or jail, and you have active custody of a child as a parent or caretaker. [1460] But if you’re currently incarcerated, you can and should look at the eligibility requirements so you are more aware of your options upon release.
You need to regain custody before you can apply for CalWORKs; and you can only have physical custody after you have been released. (To learn about how you can seek custody after release, go to the FAMILY LAW CHAPTER, PG. 707).
If your EBT card is lost or stolen, or if you need to change your PIN, call (877) 328-9677
If you are eligible for CalWORKs benefits, you will be issued your benefits on an Electronic Benefits Transfer (EBT) card unless you request that your benefits are directly deposited into your personal bank account. You will need to set up a PIN number for the card to use it, and can then use the card at most grocery stores and ATMs. [1461]
To avoid unnecessary fees and surcharges when withdrawing your CalWORKs cash, you should only use the card at ATMs with the “MoneyPass” symbol, or the same “Quest Mark” symbol that appears on the card-sleeve. To find free ATM locations, look for the appropriate symbol, ask your county worker, or visit the following website: http://www.ebtproject.ca.gov/Library/Cash_Access.pdf .
This “MoneyPass” symbol means it’s FREE to use your EBT card at that ATM location.
The “Quest Mark” symbol is on storefronts, checkout lanes, ATMs, and credit card machines to tell you that your EBT card can be used there.
To keep getting CalWORKs benefits, you and your family must stay within income and resource limits. [1462] In addition, you and all of the adults in your family must follow requirements related to Welfare-to-Work activities, reporting changes, and maintaining children’s access to health care and school.
If the county decides to deny your application, it must mail you a “Notice of Action” explaining why you were denied. It must do so within 30 days of receiving your application. If you disagree, you have the right to ask for a State Hearing to appeal (challenge) the denial. You must request a hearing within 90 days of the county’s decision. [1466]
Ways you can request a State Hearing:
Tips to remember when requesting a State Hearing:
Rights you have when requesting a State Hearing:
CalFresh is California’s “food stamps” program, providing money for low-income adults and their families to buy food. This program is part of the federal program called Supplemental Nutrition Assistance Program (SNAP). [1470] Each county runs its own CalFresh program and issues food benefits (food stamps) in the form of a plastic Electronic Benefit Transfer (EBT) card, which looks and feels like a credit card. CalFresh includes the California Food Assistance Program (CFAP), which provides the same benefits as CalFresh but to noncitizen legal permanent residents (see PG. 449 for CFAP’s requirements).
There are many factors that are considered to determine whether you are eligible for CalFresh. Most are related to residency, citizenship/immigration status, and income. In some cases, certain people in a household may qualify for CalFresh while others do not, even though they live in the same house (see PG. 449 for the definition of a “household”).
LPRs (Green Card holders) who have not lived in the U.S. for 5 years technically receive CalFresh benefits through CFAP, which is a program within CalFresh. Counties treat and administer CFAP benefits the same as CalFresh benefits. CFAP beneficiaries are treated the same and use their benefits the exact same way that CalFresh beneficiaries do. When you apply for CalFresh, the county automatically determines your CFAP eligibility too. For more information, see the CalFresh handbook at http://www.sccgov.org/ssa/foods/fschap31.pdf .
For CalFresh, a “household” can be one person, or it can be any group of people who live together, buy food, and make meals together. This means if you live with other people, but you buy and prepare food separately from them, you can apply for food benefits as part of a separate household. [1471] Spouses and parents and their children under age 22 who live together must apply as a single “household.” [1472]
To be eligible for CalFresh (food stamps), you must:
Maybe. But even if you are not eligible, others in your household may be. You might be disqualified if:
If a county welfare agency thinks you violated its rules when applying for or getting benefits, it may investigate and hold an administrative hearing to determine if you are guilty. It may also ask you to admit guilt by signing a Disqualification Consent Agreement (DCA). When you apply for CalWORKs, any prior IPV counts against you if you were found guilty at a hearing, or you admitted guilt by signing a DCA (even if you did not have a hearing).
GREAT NEWS! California eliminated the ban on aid for people with past drug-related felony convictions. Starting April 1, 2015, you could no longer be disqualified from CalWORKs or CalFresh because of a prior drug-related felony conviction and no longer have to report a prior drug felony on any CalWORKs or CalFresh application or report (see more on CalFresh “food stamps” beginning on PG. 449). If you applied for CalWORKs or CalFresh before April 1 2015, and were denied due to a drug conviction, you can reapply under the newer rules. NOTE: If you are on parole, probation, or another form of community supervision, it’s important that you follow the rules of your supervision to remain in the CalWORKs and/or CalFresh program(s). If you violate the terms of your supervision, you will lose CalFresh and CalWORKs. [1481] If anyone in your family was already receiving CalWORKs aid, your benefits should have been automatically added to your family’s April 2015 Grant. Once you are added to CalWORKs, you are also required to participate in the Welfare-to-Work program requirement (see PG. 471). If you were already meeting Welfare-to-Work requirements, you became newly eligible for transportation costs, subsidized child care, and other work supports. Contact your family’s CalWORKs caseworker if you do not receive a letter from the county about these new benefits and rules by March 1, 2015.
The process may vary by county. Generally, it involves filling out a form, providing documents, and having an interview. For details about how to apply in your county, contact the CalFresh office in your area. For a directory of county CalFresh offices, see Appendix A, on PG. 499. [1482] For information on how to apply for CalFresh benefits in your county, please call 1-877-847-3663. You can also apply online at http://benefitscal.org .
Yes! You can’t receive CalFresh benefits until you’re out, but, under some circumstances, you can apply while in prison or jail. [1483] Although you may apply for CalFresh while incarcerated, you should not do so unless you are less than 30 days from your release date. (If you apply for CalFresh more than 30 days before your release date, the county social services agency will probably deny your application because they will find that you are not eligible for the program yet – but you can re-apply again once you’re within 30 days of release or after you get out. [1484] ) If you apply for CalFresh benefits while incarcerated, you will generally need to provide proof of your release date and a local address within the county. [1485] You must also complete and sign the application and designate an Authorized Representative (see Helpful Hint Box for more information.) [1486] If you are approved for CalFresh benefits, you will not begin receiving these benefits until after you get out. [1487]
If you are approved for CalFresh benefits, they will be issued on an Electronic Benefits Transfer Card (EBT). You will need to set up a PIN number for the card to use it, and can then use the card at most grocery stores.
In some counties, people who are homeless, elderly or disabled can also use their benefits at certain restaurants through the CalFresh Restaurant Meal Program. Visit http://www.ebtproject.ca.gov/clientinformation/calfreshrmp.shtml to see which counties participate in the CalFresh Restaurant Meal Program and to locate participating restaurants.
If you are required to live in a residential facility (for example, a drug/alcohol treatment center) after getting out of prison or jail, then special CalFresh rules apply to you:
Certain people are exempt (excused) from these work requirements. You may be exempt if you are:
Contact your county CalFresh office for details.
Purchase requirements: You can only use CalFresh benefits to buy food. You can’t use CalFresh benefits to buy any non-food items such as alcoholic beverages, tobacco, household cleaning supplies, toiletries, or cosmetics, and you can’t exchange CalFresh benefits for money. If you sell your CalFresh benefits or use them for non-food items, you can be charged with fraud and you could be banned from receiving CalFresh and other food benefits for life.
Time Limits: Typically, every able-bodied adult (ages 18-49) without dependents in your household is limited to 3 months of aid in a 36-month period unless you are working at least 20 hours per week; participating in an approved work activity; OR doing workfare. [1489] But California HAS WAIVED this requirement through September 30, 2015, due to California’s high unemployment rate. [1490]
Work Requirements: As a CalFresh recipient, your county may require you to participate in an Employment and Training program, unless your county is listed as a “Labor Surplus Area” (LSA). An LSA is a county that, during the last two years, has had an unemployment rate of 20% or more above the national average. Right now, all counties are expected to be listed as LSAs until December 2016. Additionally, if you are employed, but choose to leave your job, and apply for or receive CalFresh benefits, you can’t get CalFresh for 3 months.
Report Requirements: Most CalFresh households must submit a report, called a Semi-Annual Income Eligibility Report (SAR 7) every six months. [1491] Additionally, they must immediately report a change in address, any changes in employment, changes in people who live with the family, and anytime their income goes over the Interim Report Threshold. Failure to report within the time limits could result in an Intentional Program Violation (IPV) (IPVs explained on PG. 450).
Recertification requirements: When you first enroll in CalFresh, your enrollment will only last for a limited time called a “certification period.” This is usually one year, but in some cases it’s only a few months. If you want to get CalFresh for longer than that, then before this period ends, you must apply for recertification—that is, prove that you’re still eligible for CalFresh. Before the first day of the last month of your certification period, the county should send you a “Notice of Expiration” (NOE) that says when, where, and how to apply for recertification. If your certification period is 1-2 months, the county must give you a NOE at the start of your certification period. [1492]
IMPORTANT: To keep getting CalFresh without interruption, apply for recertification on or before the 15th day of the last month of your certification period; For example, if your 1-year certification period runs April 1, 2014 to March 31, 2015, you must recertify BEFORE March 15, 2015. Please note: If your certification period has expired and your recertification application has been delayed, and your household has very little income, check to see if you qualify for “expedited services” (ES) CalFresh (read more on PG. 449). If so, you may be able to get recertified for CalFresh benefits in just 3 days.
If the county denies your CalFresh application, it must mail you a Notice of Action explaining why. It must do so within 30 days of getting your application. If you disagree, you have a right to ask for a State hearing to appeal (challenge) the denial. You must request a hearing within 90 days of the county’s decision. [1493] In order to continue receiving benefits during your appeal, with assistance being paid while your appeal is pending, you must request a hearing within 10 days.
Ways you can request a State Hearing:
Tips to remember when requesting a State Hearing:
Rights you have when requesting a State Hearing:
A food bank is a nonprofit organization that asks for, stores, and gives out food. They sometimes give the food to a variety of smaller organizations (churches, non-profits, community centers, libraries) that also serve people in need.
To find a food bank or organization that donates food near you, visit the following website: http://www.cafoodbanks.org/Hunger-in-CA OR call the Association of California Food Banks at 1-866-321-4435. You do NOT need to enroll in any public benefits programs to visit a food bank. However, you may wish to apply to the Emergency Food Assistance Program (see more in the next question), if you are eligible, as it is a government-assisted program that provides emergency food for low-income people and families.
The Emergency Food Assistance Program (EFAP) is a federal government program that sends food to county food banks. The food banks then distribute this free food to eligible individuals and households. [1498] See the next question to learn how to find an EFAP-supported food bank.
To be eligible for EFAP benefits at a county food bank, your household must (1) live within the region that the food bank serves, and (2) self-certify that they meet the income requirements. To see if your household meets income requirements, call the California Department of Social Services’ Emergency Food Assistance Program office at 916-229-3344. [1499]
If you do not have a place to prepare food, you should ask the food bank to give you a list of soup kitchens, which also receive food through the state’s Emergency Food Assistance Program.
Steps to finding food banks/partner agencies:
Here are some numbers you can call to find food banks in your local area:
If you have Internet access, here are some websites you can visit:
When you go to a county food bank seeking Emergency Food Assistance Program benefits, you may be asked to show proof that you live in the service area , such as a government-issued I.D. card with your address (for example, a driver license, library card, or voter registration card). But even if you don’t have proof of residency, you should not be denied food as long as you agree to sign an “Emergency Food Assistance Program Certification of Eligibility Form” (Form EFA-7) (see example form in Appendix C, PG. 503).
No. You will be able to get EFAP food benefits no matter your criminal history. Only two factors matter—where you live and how much income you have. Even if your address falls outside of an EFAP food bank’s service area, you might still be able to get food there, if you can prove that you live in the same county. But there is also the possibility that the food bank turns you away and asks that you go to the food bank that serves the area where you live.
During the WIC intake process, a county health professional will determine if you or your child are “at nutritional risk” (meaning your child is over/underweight or not eating enough fruits or vegetables), and may make a referral to a doctor if any health conditions (for example, anemia) are suspected.
No. You can only get EFAP food benefits by showing up at a county food bank that serves the area where you live. But remember, once you are released you can find donated food at a local food bank or partner agency!
WIC is a program for low-income women, women who are pregnant, postpartum, or breastfeeding, infants, and children under age 5. WIC provides nutritious food, nutrition education, breastfeeding support, and health service referrals. With WIC benefits you get coupons for things like milk, cheese and eggs, bread, cereal, juice, peanut butter, fruits and vegetables, infant food, and much more. [1500]
To receive WIC benefits, you must: (1) be a resident of California; (2) be a woman who is pregnant, postpartum, breastfeeding and/or the parent/guardian of a child up to age 5; and (3) have less than the maximum yearly income allowed for your household size. Please note: If you or your children receive CalFresh (food stamps), Medi-Cal, or CalWORKs, you automatically meet the income requirement for WIC. If you have Internet access, you can use these online tools to see if you’re likely to qualify for WIC: [1501]
No! Your criminal history does not affect your ability to get WIC benefits.
Contact your local WIC office and make an appointment. To find a WIC office near you, call 1-800-852-5770 or 1-888-WIC-WORKS (1-888-942-9675). Both numbers are toll-free. If you have Internet access, you can also use this online search tool: http://www.apps.cdph.ca.gov/wic/resources/laSearch/search.asp
No. You can only apply for WIC after you are released because eligibility can only be determined after an in-person appointment with a county health professional who will assess you and your child for nutritional risk. Additionally, WIC benefits can only be used in-person at certain locations (such as grocery stores) certified to participate in the program. But remember: you can call the WIC office to help you review your eligibility before your release. To find contact information for your county WIC office, call the following toll free number: 1-800-852-5770.
First, everyone needs health care at some point in life. If you have health care coverage, you can access hospitals and medical services when you need them. Most health insurance will cover mental health and substance abuse treatment too. [1502] Second, for almost everyone living in the U.S., it’s now required by law that you have adequate health care coverage. (There are exceptions, explained on PG. 458). [1503]
While you’re incarcerated, the jail or prison is responsible for providing you with essential health care, including mental health services. You have a constitutional right to treatment while in jail or prison. [1504] Once you have a release date, you should ensure that you have health care coverage in place for when you get out.
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SUMMARY OF THE MAJOR GOVERNMENT-RUN HEALTH CARE PROGRAMS IN CALIFORNIA |
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Health Care Plan: |
Brief Breakdown of Plan: |
Who Qualifies: |
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Covered California |
Covered California is the state’s marketplace to sign up for affordable health care |
CA residents or LPRs who are 18 or older, and are not currently incarcerated (see more on PG. 456) |
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Medi-Cal |
Medi-Cal offers free or low-cost health care for people who have limited income |
CA residents or LPRs who have limited income (at or below 138% of FPL (see more on PG. 461) |
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Medicare |
Medicare provides health care for elderly or disabled people. Medicare has 4 parts (A-D). |
U.S. citizens or Legal Permanent Residents (LPRs) who are 65 or older, or have a disability, or have permanent kidney failure (see more on PG. 466) |
Covered California is an online health care marketplace where you can sign up for health care coverage online, by phone, by mail, or in person. This online marketplace is a website where you can “shop” by choosing a health care plan and compare various plans’ prices and benefits. Each health care plan must cover essential health benefits, such as doctor visits, hospitalization, emergency care, maternity leave, pediatric care for children, and prescriptions. Through the Covered California application process, you can find out if you’re eligible to get federal tax credits to reduce your health care costs, or if you’re eligible for free or low-cost health care coverage through Medi-Cal (see PG. 461 for more information on Medi-Cal). [1505]
To get health care through Covered California, you must be:
Based on your household size and income, your family may qualify for financial assistance to help you afford health care. By submitting a Covered California application, you’ll find out exactly what kinds of assistance you can get, and how much.
IMPORTANT NOTE ABOUT IMMIGRATION STATUS: If you have one of these statuses, you may qualify for health coverage through Covered California: lawful permanent resident (“Green Card holder”); lawful temporary resident (“LTR”); asylee or applicant for asylum; refugee; Cuban/Haitian entrant; paroled into the U.S.; conditional entrant granted before 1980; battered spouse, child or parent; victim of trafficking or that person’s spouse, child, sibling, or parent; individual with non-immigrant status (including worker or student visa holders); Temporary Protected Status (“TPS”) or applicant for TPS; Deferred Enforced Departure (“DED”); deferred action status; individual granted withholding of deportation/removal; applicant for withholding of deportation/removal; applicant for special immigrant juvenile status; applicant for adjustment to LPR status, with approved visa petition; registry applicant with Employment Authorization Document (EAD); applicant for cancellation of removal or suspension of deportation. Even if your immigration status is not listed above, you may still qualify for health insurance and should still apply!
As required by law, all Covered California plans must cover a set of essential health benefits, including:
For 2015, the “shared responsibility fee” is the higher of one of the following two amounts:
No. There is no law or policy that limits your access to Covered California based on your criminal history. You have the right to apply for health care coverage, and you should.
If you live in the U.S., and you’re not currently incarcerated , the answer is probably yes . Certain people in special situations (explained below) are excused from this requirement. Unless you have one of these situations, you MUST enroll in health care coverage, or else you must pay a penalty fee when you file taxes. [1509] This legal requirement is called the “individual mandate,” and the tax penalty is called the “shared responsibility fee.” [1510]
Exemptions to the Individual Mandate: If you qualify for an exemption, you don’t have to pay a penalty even if you don’t have health care coverage. You may qualify for an exemption if one of the following situations applies to you: [1511]
Even if you qualify for an exemption, you still can apply and get health care coverage to help pay for medical expenses. An exemption just means that you don’t have to pay the penalty fee—called the “shared responsibility fee”—if you one of the exemption situations applies to you, and you don’t get health care coverage.
For most of these situations, you must apply to get an exemption. The process varies by situation.
If you have questions about the forms you need, or if you aren’t sure how to get an exemption for your situation, call Covered California at 1-800-300-1506 (TTY 1-888-889-4500) or the federal government’s Health Insurance Marketplace at 1-800-318-2596 (TTY 1-855-889-4325). Or you may try calling Health Consumer Alliance (HCA), a non-profit organization dedicated to providing information about and helping Californians to get health care. For a list of local HCA call centers, please visit: http://healthconsumer.org/index.php?id=partners .
It depends. If you’re planning to buy a private health care plan from the Covered California marketplace, you must enroll during the “Open Enrollment period” to get coverage for the following year (unless you qualify for a Special Enrollment period, see PG. 459). The Open Enrollment period typically runs from fall to spring. If you don’t enroll during this period, you may not be able to find a private plan that can cover you (and you may have to pay the Shared Responsibility Fee, discussed above on PG. 457). [1515] To get the specific start and end dates for the next Open Enrollment period, call Covered California at 1-800-300-1506 (TTY 1-888-889-4500) or the federal government’s Health Insurance Marketplace at 1-800-318-2596 (TTY 1-855-889-4325). You can also check online at www.CoveredCA.com and www.healthcare.gov .
But, if you’re eligible for Medi-Cal based off your income—your income must be at or below 138% of the federal poverty level [1516] —you can apply to Medi-Cal at any time, even if it’s not currently Open Enrollment period. If you qualify for Medi-Cal, you can enroll right away. [1517] To learn more, go to PG. 461.
IMPORTANT: Remember, if you qualify, for Medi-Cal, then you are NOT eligible for private health care plans through Covered California. [1518]
Exceptions to the Open Enrollment requirement: Certain people with special situations may enroll in private health care through Covered California during a Special Enrollment Period (“SEP”). [1519] This is a 60-day period outside of the Open Enrollment period , typically starting from the day that the special situation started for a person. [1520]
Two types of situations may allow you to enroll in private health insurance through Covered California during a Special Enrollment Period: [1521]
If one of these situations comes up for you, you have 60 days to notify Covered California, get approved for a SEP, submit (or re-submit) an application, and enroll in a health care plan. If you don’t complete this process in 60 days, you may have to pay the Shared Responsibility Fee (a tax penalty, discussed above on PG. 457) for not having health care coverage.
IMPORTANT: You will not qualify for a Special Enrollment Period (SEP) if you voluntarily ended health care or lost health care coverage that didn’t provide the minimum essential benefits now required to avoid paying the Shared Responsibility Fee. For more information on SEPs and how to appeal if you were denied a SEP, please visit: https://www.healthcare.gov/coverage-outside-open-enrollment/special-enrollment-period/ , or call Covered California at 1-800-300-1506 (TTY 1-888-889-4500) or the federal government’s Health Insurance Marketplace at 1-800-318-2596 (TTY 1-855-889-4325).
You can apply for Covered California through several methods: online, by phone, in person, by mail, or by fax. You can get the paper application at your local county social services office, or online at https://www.coveredca.com/PDFs/paper_application/CA-SingleStreamApp_92MAX.pdf . The introductory pages of the application (but not the full application) can be found here in Appendix D, PG. 505.
If you’re planning to buy a private health care plan, and you want tax credits to help reduce your costs, have the following information ready when you apply: [1531]
No. You cannot get health care through Covered California while you are incarcerated, but you may apply for Medi-Cal once you are nearing your release date (more information on Medi-Cal starting on PG. 461). Or if you prefer to have private health care through Covered California, you may apply once you are released (see below for more details).
While you’re incarcerated:
Once you’re released: You may be eligible to enroll in health care through Covered California; and the Individual Mandate (see PG. 457) may now apply to you. This means you may now be legally required to have health care, or pay a tax penalty—unless you get an exemption (read more about exemptions on PG. 458).
Medi-Cal is California’s Medicaid program, offering free or low-cost health care coverage for low-income California residents. [1541] You can apply as an individual or as a family. Due to recent changes in the law, California has expanded the Medi-Cal program. Thus, if you applied for Medi-Cal prior to January 1, 2014 and were denied, you may still be eligible under the new rules. [1542]
If you live in California, you can qualify for full Medi-Cal coverage in a few different ways:
First: You may be eligible for Medi-Cal if:
The limit is defined as 138% of the Federal Poverty Level (FPL). The FPL varies based on family size, and it changes from year to year. Because the income limit changes, each year, ask your county welfare agency for exact numbers when you’re ready to apply.
Second: You may be automatically eligible for Medi-Cal if you (1) meet the income requirements, and (2) fall into one of these special categories:
To find out if you’re eligible for full or partial health care coverage through Medi-Cal, contact your county welfare agency. For a statewide directory of county welfare agencies, see Appendix A, on PG. 499. You may also seek to apply using a paper application. [1546]
If you think you qualify for Medi-Cal based on a disability, contact your county Medi-Cal office before you apply. Also, if you are homebound or living in an assisted care facility, you can ask to have a Medi-Cal representative visit you and help complete your application in person. For a statewide directory of county social services offices, see Appendix A, PG. 499. [1547]
As required by law, Medi-Cal covers a set of “essential health benefits,” including: hospital care and emergency services; medical services; prescription drugs; mental health and substance abuse treatment (potentially including treatment that is a condition of probation or parole); maternity and pediatric care; rehabilitation services; preventive care and chronic disease management; and some dental care. [1548]
When applying for Medi-Cal benefits, you may request retroactive Medi-Cal coverage for medical services you received during any of the three calendar months immediately before the month that you applied to Medi-Cal, so long as the services would have qualified for coverage had you been enrolled in Medi-Cal at the time. If you do apply for retroactive benefits, you must complete a supplemental request form. You may request retroactive coverage when you apply for Medi-Cal or within one year of the last month for which retroactive coverage is sought. [1549]
No! There are no restrictions on Medi-Cal eligibility based on past convictions or violations. You are eligible to receive Medi-Cal benefits while on probation or parole. You have the right to apply for health care using Medi-Cal, and you should!
You can apply for Medi-Cal by submitting a Covered California application through several methods: online, by phone, in person, by mail, or by fax. [1550] You can get the paper application at your local county social services office, or online at https://www.coveredca.com/PDFs/paper_application/CA-SingleStreamApp_92MAX.pdf . The introductory pages of the application (but not the full application) can be found here in Appendix D, PG. 505.
If you want free help with your application:
Yes! [1558] If you were on Medi-Cal before you were incarcerated, there’s a good chance you’re eligible to reapply as your release date approaches. If you were also on SSI disability benefits before your incarceration, you may need to contact the Social Security Administration to restart your SSI checks before Medi-Cal accepts you (see PG. 484 for details on what happens to your SSI while incarcerated).
If you are incarcerated in a state prison: If you’re approaching your release date and likely to qualify for Medi-Cal, pre-release staff at your correctional facility should offer to help you apply about two months before your release. [1559] If you agree to authorize correctional staff as your “Authorized Representative” using form MC 306 (see sample form in Appendix G of the Public Benefits chapter, PG. 512), that staff person must ensure that your application is complete 60-90 days before your release, and send it to the Medi-Cal office in the county where you’ll be living Ideally, the office will establish your eligibility before your release and send you a Benefits Identification Card so that you can access health care when you get out. In some cases, there may be a delay if the Medi-Cal office needs more information from you. [1560] Speak to the prison’s pre-release staff to find out about Medi-Cal enrollment pre-release.
If you are incarcerated in a county jail: The kind of help you can get with applying for Medi-Cal will depend on what county you’re in. Most jails in California now provide some form of information and help with Medi-Cal enrollment for people nearing release. And in some jails you can even get help connecting with community health services covered by Medi-Cal. [1561] Speak to the jail’s pre-release staff to find out about Medi-Cal enrollment pre-release.
It depends on how long your incarceration lasts. In California, as soon as you go to prison or jail, your Medi-Cal gets suspended, meaning paused.
If you are pregnant, disabled, blind, or aged, MCIEP allows Medi-Cal to cover expenses for inpatient (over 24 hours) medical care in non-correctional healthcare facilities (such as hospitals) to individuals who are otherwise eligible for Medi-Cal. Individuals can obtain MCIEP benefits as long as they are remain eligible for Medi-Cal due to pregnancy, disability, blindness, or old age. [1563] If you were receiving MCIEP benefits while incarcerated, upon your release from jail or prison, you will be able to switch back to receiving regular Medi-Cal.
It depends on when you first became incarcerated, and when your release date is/was. California law on this has recently changed, and different rules started to apply on January 1, 2014. [1564]
The old rule: If you were incarcerated before January 1, 2014: If you were on Medi-Cal prior to your incarceration, then your Medi-Cal was ended on the day that you entered jail or prison. This means if you wanted to get Medi-Cal again, you had to reapply, get approved, and wait until your release before you could receive health care coverage through Medi-Cal.
The new rule: If you were incarcerated anytime after January 1, 2014: If you were on Medi-Cal prior to your incarceration, then your Medi-Cal got automatically suspended (paused) on the day that you entered jail or prison. The suspension period is set to last 1 year. This means that:
If you qualified for Medi-Cal through SSI, you may need to restart your SSI benefits (see PG. 484) before you can get your Medi-Cal coverage back. [1567]
If and when the Medi-Cal office decides to suspend or end your Medi-Cal coverage, it must send you a “Notice of Action” explaining this decision. [1568] If you disagree with the decision and want to appeal (challenge) it, read the back of the Notice for instructions about how to request a hearing.
In general, you’ll need to contact the California Department of Social Services (CDSS) State Hearings Division:
Or you may try calling Health Consumer Alliance (HCA), a non-profit organization dedicated to providing information about and helping Californians to get health care. For a list of local HCA call centers, please visit http://healthconsumer.org/index.php?id=partners .
Medicare is a federal health care program for people who are elderly and people who have disabilities. Medicare benefits are grouped into four parts: Part A covers hospital care; Part B covers outpatient services; Part C covers services offered by private insurance plans; and Part D covers prescription drugs. There are two main ways to get your Medicare coverage: (1) Original Medicare (Part A and Part B) OR (2) a Part C Medicare Advantage Plan. Some people get extra coverage, such as optional prescription drug coverage through Part D.
You can start getting Medicare when you turn 65. However, you can enroll up to 3 months before you turn 65. To confirm whether you qualify and to learn which Parts/Plans are right for you, call the SSA at 1-800-772-1213.
No! There are no eligibility restrictions based on past convictions or violations.
When you apply for Medicare, you have to consider whether you will eligible to enroll in each part Parts A and B (and possibly D) or Part C (and possibly D). This is because each Part has difference requirements and rules, and your incarceration affects each Part differently. [1569] If you’re a citizen of the U.S., or you’ve been a legal resident for 5+ years, you may qualify for Medicare if:
Medicare covers services and supplies that are medically necessary to treat a disease or condition. [1571]
ORIGINAL MEDICARE (Part A and Part B): Part A covers hospital insurance, [1572] and Part B covers medical insurance. [1573] Part A Hospital Insurance covers: Hospital care; Nursing care; Nursing home care; Hospice; and Home health services. [1574] Part B Medical Insurance covers: Medically necessary services (services that are needed to diagnose or treat a medical condition); and Preventative services (heath care to detect or prevent illness). [1575]
You have your choice of doctors, hospitals, and other providers that accept Medicare. You pay a monthly premium for Part B, and you may pay no or very low premiums for Part A (depending on your employment history). [1576] Note: Part B is optional. When you enroll in Part A, you can choose whether to get Part B. If you’re on Social Security benefits, Part B premiums will get deducted from your Social Security checks; otherwise, you’ll get billed for Part B premiums. [1577]
MEDICARE ADVANTAGE PLAN (Part C): Part C plans include hospital and medical insurance (Parts A and B). Private insurance companies, approved by Medicare, provide this coverage. You choose a Part C plan, and then you must use doctors, hospitals or other providers listed in that plan (or else pay higher costs). You pay an extra premium for getting Part C, in addition to whatever it would cost you to be enrolled in Parts A and B (through Original Medicare). [1578]
MEDICARE PRESCRIPTION DRUG PLAN (Part D): Part D provides prescription drug insurance for anyone enrolled in Medicare. You choose a Part D plan, and it works as an addition to your Original Medicare (Parts A and B)—or your Medicare Advantage Plan (Part C). PLEASE NOTE: Part D is optional. When you enroll in Medicare, you can choose whether to get Part D. If you have low income, you can get extra help paying for Part D. [1579]
Below is a summary of eligibility for specific types of Medicare coverage. [1580]
|
MEDICARE PART (DESCRIPTION): |
YOU’RE ELIGIBLE TO ENROLL IF: |
|
Medicare Part A (hospital insurance):
covers inpatient hospital stays, care in a skilled nursing facility, hospice care, and some home health care.
|
You’re at least 64 years and 9 months old*; orYou have a qualifying disability; orYou have permanent kidney failure.
Note:
If you’re already getting Social Security benefits (see PG. 473), then when you turn 65 you’ll automatically get enrolled in Medicare Part A.
|
|
Medicare Part B (medical insurance):
covers certain doctors’ services, outpatient care, medical supplies, and preventive services
|
You’re at least 64 years and 9 months old*; orYou have a qualifying disability; orYou have permanent kidney failure.
Note:
Part B is optional. When you first enroll in Part A, you can choose whether to enroll in Part B.
|
|
Medicare Part C (Medicare Advantage plans):
are health plan offered by private companies that contract with Medicare to provide Part A and B benefits to you
|
You’re enrolled in both Part A and Part B; andYou don’t have permanent kidney failure.
|
|
Medicare Part D (prescription drug plan):
adds prescription drug coverage to Part A, Part B, and some Part C plans. Part D plans are offered by private companies approved by Medicare.
|
You’re enrolled in Medicare.You’re not enrolled in a Part C plan that already includes prescription drug coverage.
Note:
Part D is optional. When you first enroll in Medicare, you can choose whether to enroll in Part D.
|
If you’re currently incarcerated: Skip to the next question.
If you are not incarcerated and have never been enrolled in Medicare: Read on for details. How to apply depends on your individual situation.
…AND already getting Social Security benefits: you’ll automatically get Parts A and B when you turn 65. About 3 months before you turn 65, you’ll get your Medicare card by mail. If you want Part D as well, you must sign up for that separately by calling 1-800-MEDICARE. [1581]
…And NOT getting Social Security benefits (see PG. 473): you should apply for Medicare by contacting the Social Security Administration at 1-800-772-1213 (TTY 1-800-325-0778). [1582]
…And you’re already getting disability benefits from Social Security; you’ll automatically get Parts A and B after 24 months of disability benefits. [1583] In the 25 th month, you’ll get your Medicare card by mail. If you want Part D as well, you must sign up separately by calling 1-800-MEDICARE. [1584]
…And you’re not getting disability benefits from Social Security, you should apply for SSDI (see PG. 478).
Yes! If you turn 65 and become eligible for Medicare while incarcerated, you should contact the Social Security Administration (SSA) to enroll in Parts A and B. Unlike people who are not in custody, you will NOT be automatically enrolled—so you need to take action. Although Medicare won’t start paying for your health care until you’re released, it’s important to get enrolled as soon as you can. This way, you avoid getting charged penalties for late enrollment, and you also ensure that your Medicare is ready as soon as you’re out.
All your Medicare benefits get suspended (paused) while you’re incarcerated. The rules for staying enrolled and restarting your benefits upon release are different for each Part of Medicare. [1586]
> Your Part A (hospital insurance) enrollment stays in place. Although you won’t get Part A benefits while incarcerated, you don’t have to do anything to stay enrolled. When you’re released, your access to Part A benefits should be automatically restored. [1587]
If you’ve been getting Social Security or SSDI, these benefits have been paying for your Part B premiums. Once you’ve been incarcerated for 30 days, these benefits get suspended; so you must call 1-800-MEDICARE within that 30-day window and set up direct payment if you want to keep Part B.
> Your Part B (medical insurance) is more complicated, since you can only stay enrolled by paying premiums. [1588]
These rules create a dilemma if you’re someone who can’t afford to keep paying Part B premiums while incarcerated, and won’t be able to afford higher premiums upon release. If you were on Medicare and SSDI before incarceration, you may be able to address this dilemma by applying for SSDI while incarcerated (see PG. 486).
> Your Part C (Medicare Advantage plan) and Part D (prescription drug plan) will end when you’re incarcerated. You’re no longer eligible to be enrolled in these plans while the prison or jail is providing your health care. If you want Part C and/or Part D after release, you’ll have to re-enroll (for details, see PG. 469). [1591]
If you had Part A (hospital insurance) before you were incarcerated, you don’t have to do anything to restart it. Your enrollment should still be in place, and you should have access to Part A coverage as soon as you’re released. [1592]
If you had Part B (medical insurance) before you were incarcerated, your next steps depend on your situation:
IMPORTANT: If you qualified for Medicare through SSDI, you must restart your SSDI before you can get Medicare coverage back. Even if you contact Social Security before your release, you won’t start getting SSDI again until a month after release. One possible way to avoid a gap in health care coverage is to apply for SSI before your release, if you qualify. If your SSI application is approved, you’ll be automatically enrolled in both SSI and Medi-Cal after release. You’ll only be on SSI for one month until your SSDI kicks in, and then your Medi-Cal will link to your SSDI again. [1596]
The steps to take depend on what Medicare coverage you have, what decision you want to challenge, and what your situation is. Call 1-800-MEDICARE to learn what you can do in your situation. [1597] If you need help filing an appeal, contact the California Department of Aging's Health Insurance Counseling and Advocacy Program (HICAP) at 1-800-434-0222. [1598]
You can also appoint a representative to act on your behalf. This can be a family member, friend, advocate, attorney, doctor, or anyone else you choose. You can appoint a representative in 2 ways: [1599]
Those Eligible for Both Medicare and Medi-Cal: People who qualify for both Medicare and Medi-Cal are known as “dual eligibles” or “Medi-Medis.” [1602] People typically become “dual eligible” by first being enrolled in one program and later becoming eligible for the other program. For example, someone may already meet Medi-Cal’s income requirements, and then age into Medicare when he or she turns 65. Dual eligibles do not necessarily receive the same benefits from Medicare and Medi-Cal. [1603] The majority of dual eligibles receive full Medi-Cal benefits and assistance with Medicare premiums and cost-sharing. [1604] For counseling on dual eligibility, go to Health Consumer Alliance’s (HCA) website and view their list of local HCA call centers at http://healthconsumer.org/index.php?id=partners , or visit Cal MediConnect’s website at www.calduals.org .
This program offers employment and job training support for people who are getting CalFresh benefits and are NOT getting CalWORKs cash aid. [1605] Currently, only 21 counties have an E&T and, in all counties that have an E&T program, participation is voluntary. [1606]
It depends. This program is available in some California counties but not others, and it operates differently in each county. These programs are usually only offered to recipients of General Assistance/General Relief (GA/GR) . If your county has an E&T program, you may be able to participate if:
In some counties, you may be able to enroll in this program even if you aren’t getting GA/GR. Contact your local county welfare office to find out if it has an E&T program, what services it offers through this program, and if you qualify. For a statewide list of county welfare agencies, see Appendix A, on PG. 499.
Maybe. As explained in the section on CalFresh food stamps, you may be disqualified from CalFresh depending on the details of your history and when you apply. For details, see PG. 449.
It depends. E&T programs work differently in each county, so it’s best to contact your county welfare office for all the details. Services may include:
CalFresh E&T operates differently in each county. Call your local county welfare office to find out if your county has a CalFresh E&T program, and if so, how enrollment works. For a list of county welfare agencies, see Appendix A, on PG. 499.
CalWORKs Welfare-To-Work (WTW) is a mandatory CalWORKs program designed to help adults find or get ready for employment. [1608] All 58 counties in California have Welfare-To-Work programs, which is operated locally by each county welfare department or its contractors. [1609] If you receive CalWORKs, you must participate in Welfare-To-Work, unless you have an exemption.
Unless you have an exemption, all adult CalWORKs recipients are required to participate in Welfare-To-Work (see the Helpful Hint Box on PG. 472 to learn more about exemptions). You have 24 months to complete your Welfare-To-Work requirements. [1610] The CalWORKs Welfare-to-Work requirements include the following:
Maybe. Refer back to the explanation of how a conviction can impact eligibility for CalWORKs on PG. 444.
You can get help with childcare, transportation, and work- or training-related expenses. Even when you’re no longer eligible for CalWORKs cash aid, you may continue to receive help with child care expenses. [1616] All WTW participants will:
All adults who apply get CalWORKs must participate in the Welfare-to-Work (WTW) program, unless they have an exemption from the WTW requirement. Adults are exempt from WTW if you are:
If you believe that any of these exemptions apply to you, contact your county CalWORKs office. You may request an exemption verbally or in writing using the “CalWORKs Exemption Request Form” (Form CW 2186 A). To view a copy of the form, visit: http://www.cdss.ca.gov/cdssweb/entres/forms/English/CW2186A.pdf .
Social Security is a federal benefits program that provides cash benefits to retired people, disabled people, and their dependents. Social security is a “pay-as-you-go” program, meaning that workers pay Social Security taxes, and these taxes are used to provide benefits to Social Security beneficiaries (retired people, disabled people, and their dependents).
For starters, there are four ways to qualify for federal Social Security benefits:
If you’re not sure how many Social Security credits you have, you can call the SSA (1-800-772-1213), have a Form SSA-7004, “Request for Social Security Statement” sent to you, and submit the form. If you have Internet access, you can also use the Online Retirement Estimator on the SSA’s website by visiting www.ssa.gov .
Social Security retirement benefits are paid out of money collected from Social Security taxes on individual paychecks to working taxpayers. [1621] For each year you work and pay Social Security taxes to the government, you earn “credits”—up to 4 per year. Generally, you need 40 credits (10 years of working and paying Social Security taxes) to qualify for retirement benefits. [1622]
To get Social Security retirement benefits, you must
You can start getting retirement benefits as early as age 62. But depending on your situation, you may want to wait so you can get a higher monthly benefit. [1623] This age may be 65, 66, or 67, depending on what year you were born. [1624]
Possibly—but it might be just temporary.
You can’t receive Social Security benefits for any month that you:
Once you qualify for Social Security retirement benefits, you stay enrolled in the program as long as you’re eligible. Although your benefits get suspended (paused) during incarceration, they don’t get terminated (permanently ended) due to your incarceration, no matter how long your incarceration lasts. [1632]
If you’re currently being incarcerated for 30 or more days, and you were already getting retirement benefits when you were arrested, those benefits were paused on your 31 st day of incarceration. [1633] But you can apply to restart them once you have documents showing your release date (see PG. 476). If you weren’t already getting retirement benefits when you were arrested, and being incarcerated is the only factor disqualifying you now, you can start a new Social Security application before your release (see PG. 473). [1634]
You can apply online, by phone, or in person: [1635]
TIPS:
Yes! You can’t receive Social Security benefits while incarcerated [1642] —but if you haven’t applied before, and you think you may qualify, you can start the application process as early as several months before your release date.
Some prisons and jails have a prerelease agreement with local Social Security offices. Ask the pre-release staff if your facility has a pre-lease agreement with a local Social Security Office.
As soon as you know that you will be incarcerated for 30 or more days, you should report this fact to Social Security so that your benefits get suspended in a timely way. If you get any Social Security checks for any months during which you’re incarcerated, these will be treated as overpayments and you’ll have to repay them later. The amounts might get deducted from your future Social Security benefits, when you’re later released from incarceration.
If you were convicted and incarcerated for 30 or more days in a row, your Social Security benefits got suspended on the 31st day. [1645] You can’t get these benefits while incarcerated, but you’ll stay enrolled in the program. This means if your spouse or children have been getting benefits based on your Social Security eligibility, they’ll keep getting them while you’re incarcerated (even if your benefits were suspended), so long as they’re eligible. [1646] This also means that once you have official documents proving your release date, you can apply to restart your retirement benefits (see PG. 476). [1647]
Please note that BEFORE you are actually convicted—even if you are incarcerated while awaiting trial—you will continue to receive Social Security benefits until you are convicted AND incarcerated for 30 days or more in a row. [1648]
Before release:
After release:
IMPORTANT: You can’t get back-payments of Social Security for the months you spent in prison or jail. [1655] In other words, you can never collect retirement checks you otherwise would have gotten if you weren’t incarcerated. However, you should be able to collect back-payments dating back to the month following the month of your release. For example, if you were released on October 10, 2014, you can start receiving retirement benefits again starting November 2014. Since monthly Social Security benefits are paid 1 month after they’re due, you can collect your November retirement check in December 2014. [1656]
If you get SSDI, after your 24 th month of benefits you’ll be automatically enrolled in Medicare (see PG. 466).If you get SSDI, benefits may also be available to certain family members, including: (1) your spouse, if he/she is age 62 or older, or caring for your child who is under 16 and has a disability; and (2) your unmarried child, if he/she is under age 18, or age 18 or older and has a disability that started before age 22 (see PG. 477).Depending on your work history, you may also be eligible for Social Security retirement benefits (see PG. 473).Depending on how much income and resources you have, you may also be eligible for SSI (see PG. 481).
Social Security Disability Insurance (SSDI) benefits are paid out of money collected from Social Security taxes on individual worker’s paychecks. [1657] SSDI is for U.S. citizens and lawfully present non-citizens (legal permanent residents or LPRs) who have earned a certain amount of Social Security credits by working and paying Social Security taxes, but who can no longer work due to a disability. [1658]
To get SSDI, you must:
Possibly—but this could be just temporary. You can’t get Social Security benefits for any month that you: [1664]
Here is an example of how this works: If you were convicted and confined on March 29, 2014 and stayed in jail until May 2, 2014, you weren’t entitled to benefits for the months of March, April, or May since you were being confined for 35 days in a row. [1668] This means you can’t collect back payments for any SSDI benefits you otherwise would have received if you never had a conviction, warrant, violation, and/or period of confinement as described above. [1669]
Also note that you CAN’T apply for any Social Security benefits based on a disability that is related to a felony offense. For example, if you fell while committing a felony and lost your ability to walk, that disability won’t qualify you for SSDI. [1670] But you can apply for SSDI for disabilities that are not related to the offense.
Once you qualify for SSDI, you stay enrolled as long as you still have a qualifying disability. Although your benefits get suspended (paused) during incarceration, they won’t get terminated (permanently ended) due to your incarceration. [1671] This means that if your spouse or children have been getting benefits as your dependents based on your SSDI eligibility, they’ll keep getting these benefits while you’re incarcerated, as long as they stay eligible. [1672]
If you’re currently incarcerated for 30 or more days, and you were already getting SSDI when you were arrested, then your SSDI was suspended on your 31st day of incarceration. [1673] But you can apply to restart your SSDI benefits once you have documents showing your release date (see PG. 480). If you weren’t on SSDI when you were arrested, and being incarcerated is the only factor disqualifying you now, you can start a new application for SSDI before your release (see PG. 478). [1674]
You can apply online, by phone, or in person. [1676]
TIPS FOR APPLYING TO SSDI:
Yes! You can’t receive Social Security benefits while incarcerated [1684] —but if you haven’t applied for SSDI before, and you think you may qualify, you can start the application process as early as several months before your release date. Keep in mind that review of an SSDI application can take 3-5 months. [1685] Some prisons and jails have a prerelease agreement with local Social Security offices to make this process easier.
|
IF THIS IS YOUR SITUATION: |
THIS IS WHAT YOU SHOULD DO |
|
If your facility has a pre-release agreement |
|
|
If your facility doesn’t offer prerelease assistance—and/or you have trouble working with correctional staff |
|
PLEASE NOTE: If you become disabled while you are incarcerated, you can’t start getting benefits until (1) you’ve been disabled for 5 full calendar months OR (2) one full calendar month has passed after your release date—whichever is later. [1688]
As soon as you know that you will be incarcerated for 30 or more days, you should report this fact to Social Security so that your benefits get suspended in a timely way. If you get any Social Security checks for any months during which you’re incarcerated, these will be treated as overpayments and you’ll have to repay them later. The amounts might get deducted from your future Social Security benefits, when you’re later released from incarceration.
If you were convicted and incarcerated for 30 or more days in a row, your SSDI benefits got suspended on the 31st day. [1689] You can’t receive SSDI benefits while incarcerated, but you’ll stay enrolled in the program. This means that if your spouse or children have been getting benefits as your dependents based on your SSDI eligibility, they’ll keep getting these benefits while you’re incarcerated, as long as they stay eligible. [1690] This also means that once you have official documents proving your release from incarceration, you can apply to restart your SSDI benefits (see PG. 480). [1691]
|
BEFORE RELEASE:
|
AFTER RELEASE:
|
|
|
Many people who apply for SSDI are denied at first, but then get benefits once they appeal. Considering the small odds of getting approved on the first try, be prepared to get denied and to go through the appeals process. [1698] If Social Security decides to deny your SSDI application, it must mail you a notice of this decision.
If Social Security then decides to deny your Request for Reconsideration, it must mail you a notice of this decision.
If you can’t afford a lawyer to help with your appeal, you may be able to find free help by contacting a local legal aid office, a local bar association referral services, or another local nonprofit organization that helps with Social Security issues. [1703]
You can’t get back-payments of SSDI for the months you spent in prison or jail. In other words, you can never collect SSDI checks you otherwise would have gotten if you weren’t incarcerated. However, you should be able to collect back-payments of SSDI dating back to the month following the month of your release.
In SPECIAL EMERGENCY CASES, you may be able to get benefits on the day you walk into the local Social Security office to complete your SSDI paperwork. This may be possible if:(1) your SSDI was only suspended and not terminated during your incarceration, or you’ve already filed a new SSDI application before your release; (2) you can show proof of a financial emergency; and(3) you haven’t already received benefits for the month.
Supplemental Security Income (SSI) provides financial support for low-income people who are 65 years old or older and/or have a disability—regardless of work history. The federal government provides certain amounts of aid for people who qualify, and California adds to the federal amounts in certain cases. SSI benefits are meant to cover basic necessities like food, clothing and shelter. [1704]
To be able to get SSI, you must:
Possibly—but IT could be just temporary. You can’t get SSI for any month that you: [1717]
You can apply by phone or in person : [1722]
Yes! You can’t receive SSI benefits while incarcerated [1729] —but if you haven’t applied for SSI before, and you think you may qualify, you can start the application process as early as 90 days before your release date. Keep in mind that review of an SSI application can take 3-5 months. [1730]
Some prisons and jails have a prerelease agreement with local Social Security offices.
It depends on how long your incarceration period lasts—and, specifically, how many full calendar months you spend in prison or jail: [1732]
Below is a chart that summarizes how the timing of your incarceration and release will affect your SSI eligibility. [1733]
|
IF THIS IS YOUR SITUATION:
|
THIS IS WHAT WILL HAPPEN TO YOUR ELIGIBILITY FOR SSI:
|
FOR EXAMPLE:
|
|
Incarcerated for less than one full calendar month: |
You stay enrolled in SSI. You stay eligible to receive SSI benefits.
|
Suppose you went to prison on February 10, 2014 and got out March 30, 2014:
|
|
Incarcerated for one full calendar month: |
You stay enrolled in SSI. Your ability to receive SSI benefits is put on pause.
|
Suppose you went to prison on February 10, 2014 and got out on April 1, 2014:
|
|
Incarcerated for at least one full calendar month, then released after the 1st of another month: |
You stay enrolled in SSI. Your ability to receive SSI benefits is put on pause.
|
Suppose you went to prison on February 10, 2014 and got out on May 15, 2014:
|
|
Incarcerated for 12+ full calendar months in a row, then released: |
You do not stay enrolled in SSI. You must reapply to get SSI benefits again.
|
Suppose you went to prison on January 20, 2012 and got out February 10, 2013:
BUT
|
Follow the instructions in the chart below based on your situation.
|
BEFORE RELEASE:
|
AFTER RELEASE:
|
|
Once you know your release date, notify your correctional counselor (or another staff member at your facility) that you want to restart your SSI benefits. It’s best to start this process at least 3 months before your release. [1734]
|
If you weren’t able to do this while incarcerated, call Social Security to report that you were released from prison and want to restart your SSI benefits. A representative will set an appointment for you at a local Social Security office, ask you to bring your official release documents, and tell you what else you need to do. You will also need your social security number. [1738]
|
You can’t get back-payments of SSI for any months you spent incarcerated. [1741] In other words, you can never collect checks you otherwise would have gotten if you weren’t incarcerated. But you should be able to collect benefits dating back to your release. So, for example, if you were incarcerated on June 7, 2014 and released on September 7, 2014, your SSI can be restarted as of September 7. You’ll be eligible for a partial SSI payment for September and full benefits for October. [1742] If your SSI application is approved pre-release, SSI benefits should be paid to you immediately upon release. If your SSI application is approved post-release, SSI benefits should be paid to you immediately upon approval; and you should get backpayment to the date of your release. [1743]
Many people who apply for SSI are denied at first, but then get benefits once they appeal. Considering the small odds of getting approved on the first try, be prepared to get denied and to go through the appeals process. [1744] NOTE: The rules and procedures for appealing SSI decisions are the same as for SSDI (described on PG. 481).
If Social Security decides to deny your SSI application, it must mail you a notice of this decision.
If Social Security then decides to deny your Request for Reconsideration, it must mail you a notice of this decision.
If you can’t afford a lawyer to help with your appeal, you may be able to find free help by contacting a local legal services program, a local bar association referral services, or a local Protection & Advocacy organization. [1749]
The federal Department of Veterans Affairs (VA) provides various benefits to U.S. military veterans, including: disability compensation, pensions, education benefits, vocational and employment services, healthcare benefits, insurance benefits, and survivors’ and dependents’ benefits. [1750] Here you will learn about how your criminal record and incarceration may affect your access to these benefits. For more detailed and comprehensive information, you should read:
In 2014, a new law requires some correctional facilities to refer veterans to a veteran service advocate to help them with reentrt community from certain correctional facilities prior to release and a referral to the county Veteran Services Office (VSO) with can assist veterans after release.
Generally, to be eligible for most VA benefits:
Your basic eligibility for different benefits will also depend on the type of military service you performed, how long you served, and other specific needs or issues you may have. [1758] For more details about benefits you may qualify for, visit a VA regional office, call 1-800-825-1000, visit www.va.gov/benefits , or create an account at www.ebenefits.va.gov . [1759]
Certain dishonorable discharges may bar you from all VA benefits (see PG. 489). [1760] But for some dishonorable discharges, including most situations involving a felony conviction, you might still qualify for benefits if the VA reviews your case and decides your discharge wasn’t under dishonorable conditions (see PG. 489) through a “discharge uPGrade.” [1761]
Under VA regulations, your discharge was issued “under dishonorable conditions” if you were released under any of the following circumstances:
More specifically, if you have a discharge status of honorable or general under honorable conditions , you are automatically eligible to apply for most VA Benefits including VA health care, VA Compensation, and VA Pension. [1762] If you have a discharge status of dishonorable or bad conduct (by general court martial) you are likely barred from all VA benefits. [1763] If you have a discharge status of other than honorable (OTH), bad conduct (special court martial), or uncharacterized, the VA is required to make an individual determination as to whether you were discharged or released under conditions other than dishonorable (see PG. 489). [1764] This determination is based solely on your period of service in the military, not conduct or convictions post-service. [1765]
Yes. You’re not eligible for VA compensation, pension, or death benefits if:
In addition, for certain VA benefits, your benefit amounts will be restricted or discontinued if you’ve been incarcerated for 60 or more days for a felony conviction.
I MPORTANT: INFORMATION ABOUT MILITARY SERVICE & DISCHARGE CONDITIONS: If you served more than one term of active military service, and your discharge for one of the terms was under dishonorable conditions, you may not be eligible for VA benefits based on that term—however, if your discharge for a different term of service ended under honorable conditions, you can still be eligible for VA benefits based on this separate term. [1769] Also, if you completed a full term of enlistment, and it didn’t end with a formal discharge because you later reenlisted, you can still be eligible for VA benefits based on completion of that first term. [1770] If you have disabilities that are service-connected, and your discharge was under dishonorable conditions, you may not be eligible for VA disability compensation due to your discharge status. However, as long as your discharge isn’t related to a situation that would absolutely disqualify you from VA benefits by law (see PG. 489) you may still be eligible for VA health care benefits (e.g., treatment at a VA medical facility) for those disabilities. [1771] .
The required forms and steps vary for different types of VA benefits. For most VA benefits, you can submit your application online, by mail, or in person at a Regional Benefit Office.
You can get more details about different VA benefits online, by phone, by mail, or in person:
Yes. Although your eligibility for VA benefits may be limited or cut off during incarceration, there are various VA benefits you can apply for while incarcerated. There are certain benefits you can apply for and receive in full while incarcerated; and there are certain other benefits you should start applying for while incarcerated so that you can access them immediately upon your release. Information about some of these benefits is provided below. Contact the VA at 1-800-827-1000 (TDD 1-800-829-4833) for further details.
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Overview of VA benefits You Can (& Can’t) Apply for While Incarcerated:
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VA Benefits You CAN Apply for: |
VA Benefits You CAN’T Apply For: |
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Pre-release steps for securing VA health care (& other benefits):
Even if you are incarcerated, the VA is obligated to provide you with a compensation and pension eamination when one is required (see VA Fast Letter 11-22, Examinations for Incarcerated Veterans and Veterans Health Administration (Sept. 8, 2011)). You have the right to have a medical professional perform the examination at the facility where you are incarcerated (see Bolton v. Brown, 8 Vet. App. 185 (1995).
VA programs that can help you plan & navigate reentry:
If you’re participating in a work-release program, living in a halfway house, or under community supervision as part of your felony sentence, the VA considers you NOT incarcerated.
It depends. Until you’re convicted, there’s no problem: if you’re in jail awaiting trial, you’re presumed innocent, and still entitled to VA benefits. [1782] Once convicted, your ability to get VA benefits depends on your conviction and the length of your incarceration. [1783]
For non-service-related pensions :
For health care benefits:
For service-related disability compensation:
Apportionment of benefits while incarcerated:
Even though you only receive a portion of your service-related benefit while incarcerated, the balance, or full amount, of the benefit may be “apportioned” to your family member during the period of incarceration. [1788] For example, if you are 50% service-connected, you would only be entitled to receive 10% while incarcerated. However, your family may be apportioned the remaining 40% of the benefit.
Either you or your family member may apply for apportionment using VA Form 21-0788. The amount apportioned will be determined based on need. In determining need, the VA considers factors such as the appointee’s income, living expenses and any other relevant factors. Apportionment may not be granted retroactively.
IMPORTANT: Notifying the VA about Your Incarceration and Release:
These requests are rarely granted, so you may want to get help.
If you left the military less than 15 years ago , apply for a “Review of Discharge or Dismissal” using Department of Defense’s DD Form 293 (see copy of form in Appendix N, PG. 543. [1802] You can also have the form mailed to you by calling the VA at 1-703-607-1600; or by sending a written request to: Army Review Boards Agency; ATTN: Client Information and Quality Assurance; Arlington, VA 22202-4508. Alternatively, obtain DD Form 293 from a VA regional office, or online at http://www.usapa.army.mil .
If you left the military more than 15 years ago , apply for a Correction of Military Records using DD Form 149 (see copy of form in Appendix O, PG. 548). [1804] You can also have the form mailed to you by calling the VA at 1-703-607-1600; or by sending a written request to: Army Review Boards Agency; ATTN: Client Information and Quality Assurance; Arlington, VA 22202-4508. Alternatively, obtain DD Form 149 from a VA regional office, or online at www.usapa.army.mil .
Because these applications are rarely granted, consider the following options to get help:
IMPORTANT: If you have an undesirable, other than honorable (OTH), or a bad conduct discharge, you may be eligible for VA benefits if the VA determines that your service was “other than dishonorable” through the Character of Discharge administrative process. [1807] You may apply for a Character of Discharge determination by applying for any VA benefit.
The LifeLine phone program is a government-funded program that provides free monthly telephone service (cell or landline) to eligible California residents – those for whom California is their permanent home. [1811]
Both the state government and federal government offer LifeLine programs, and if you qualify, you have your choice of participating in either. [1812] In this guide, we discuss only the California LifeLine program , since this guide is a California legal guide.
The California Public Utilities Commission (CPUC) sponsors the California LifeLine program by proving affordable local home telephone service to qualifying low-income persons. [1813]
If you qualify for the California LifeLine program, you will receive a phone (either a landline or cell phone—your decision) and a service plan with a set amount of minutes; for cell phones, you will also receive a set amount of text messages you can send each month for free. [1814]
You can pay an additional discounted monthly rate if you would like to get extra minutes, texts, or data added to your plan (NOTE: data can be used to access the Internet and e-mail on your cell phone). The cost depends on the carrier company and the amount of extra services you request. Different phone service companies will offer competing plans, and it is up to you to select the provider that best suits your needs. [1815]
A list of California LifeLine providers can be found online at: https://www.californialifeline.com/en/provider_search , OR you can call the California LifeLine Call Center for general information about the program at the applicable phone number below. The call center is open from 7 a.m. to 7 p.m. (Pacific Time), Monday through Friday (closed on federal holidays & weekends).
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English* |
1-866-272-0349 |
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Spanish |
1-866-272-0350 |
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Laotian/Hmong |
1-866-272-0351 |
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Cambodian |
1-866-272-0352 |
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Tagalog |
1-866-272-0353 |
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Korean |
1-866-272-0354 |
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Vietnamese |
1-866-272-0355 |
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Chinese (Mandarin/Cantonese) |
1-866-272-0356 |
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Japanese |
1-866-296-0860 |
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TTY |
1-866-272-0358 |
* NOTE: If you want in-language help for a language not listed above, call the English toll-free number and ask for interpretation services.
A California LifeLine phone can help you stay connected to family members, schools, child care providers, talk with potential employers, and have a means of communication in case of an emergency.
Eligibility for the California Lifeline phone program can be based on one of two different factors: (1) the low-income assistance programs (called program-based eligibility), OR (2) by meeting certain total household income limit requirements (called income-based eligibility). Go to http://www.cpuc.ca.gov/General.aspx?id=2752#qualify for a list of federal and state assistance (public benefits) programs that meet the program-based eligibility requirements, and for a chart that explains how much you can make to meet income-based eligibility requirements .
Only one LifeLine telephone line is allowed per “household.” For this program, a “household” member is defined as any adult (over 18 years old or an emancipated minor) living with you and sharing income and household expenses. Go to https://www.californialifeline.com/pdf/household_worksheets/st_en_10_hh.pdf to view a sample worksheet to help you figure out if you qualify as one “household.”
To view a sample of the California Lifeline Eligibility Guidelines form, see https://www.californialifeline.com/pdf/new/applications/st_en_10_app_eg_0615.pdf .
First, you will need documents that prove who you are (your identity) to the phone company. You may need to show your Social Security card, birth certificate, and/or unexpired driver license. For a complete list of acceptable ID, see www.californialifeline.com , or call 1-877-858-7463. Find a “Sample ID Authentication Form” at https://www.californialifeline.com/pdf/identity/st_en_10_nc_id_0915.pdf . [1816]
Second, you will need to prove that you require financial assistance. One way to prove this is to show that you receive public benefits from a qualifying state or federal assistance program. You may need to show a copy of your benefits program agreement or benefit card. [1817]
Finally, if you want to prove your eligibility based on your income, you must provide an official document proving your income—for example, an income statement from an employer, a prior year's tax return, a Social Security income statement, a Veterans Administration income statement, and/or a document proving you receive unemployment or some other public benefits. See https://www.californialifeline.com/pdf/new/applications/st_en_10_app_eg_0615.pdf for a complete list.
No. Having a criminal record does not affect your eligibility for the California LifeLine phone program.
SPECIAL POLICY NOTE FOR PEOPLE UNDER FEDERAL SUPERVISION (for example, federal probation, supervised release, or federal parole): On September 9, 2014, former U.S. Attorney General Eric Holder announced that all federal halfway houses are required to allow their residents to have cell phones, so that people in reentry can pursue job opportunities and connect with family. [1818] If you are on federal supervision, you must still meet the same standard eligibility requirements for the California LifeLine phone program, just like anyone else.
No. You are required to provide a residential address (the location where you a living) to apply for the California LifeLine program. Giving just a “P.O. Box” address is insufficient. [1819]
After you are enrolled in the California LifeLine program, your specific phone carrier will supply you with a phone and instructions on how to activate it. Your benefits will start as soon as you activate your phone.
Aside from meeting the program-based or income-based guidelines, you cannot apply for more than one Lifeline phone per household, as previously discussed.
If you do not follow this rule, you will lose your Lifeline phone and benefits, and you may be prosecuted by the federal government. This also means that you cannot be claimed as a dependent on anybody else's income tax return, and that you may not transfer your Lifeline discount to anyone else. [1820]
Also, you must recertify yourself as eligible once each year. This can be done either online at www.californialifeline.com using your PIN, or by letter to: California LifeLine Administrator, P.O. Box 8417, Westminster, CA 92684.
See a sample California LifeLine program renewal form at https://www.californialifeline.com/pdf/new/renewals/st_en_10_ren_0114.pdf.
You can appeal (challenge) a denial or disqualification (when LifeLine stops your phone service) by calling the California Public Utility Commission’s (CPUC) Consumer Affairs Branch at phone number 1-800-649-7570.
If you have additional questions, you can contact the California LifeLine Call Center for general information about the program at the applicable phone number below. The call center is open from 7 a.m. to 7 p.m. (Pacific Time), Monday through Friday (closed on federal holidays & weekends).
|
English* |
1-866-272-0349 |
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Spanish |
1-866-272-0350 |
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Laotian/Hmong |
1-866-272-0351 |
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Cambodian |
1-866-272-0352 |
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Tagalog |
1-866-272-0353 |
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Korean |
1-866-272-0354 |
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Vietnamese |
1-866-272-0355 |
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Chinese (Mandarin/Cantonese) |
1-866-272-0356 |
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Japanese |
1-866-296-0860 |
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TTY |
1-866-272-0358 |
* NOTE: If you want in-language help for a language not listed above, call the English toll-free number and ask for interpretation services.
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This list was adapted from the following CalFresh website: http://www.calfresh.ca.gov/PG839.htm |
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Alameda County
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Alpine County
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Amador County
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Butte County
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Calaveras County
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Colusa County
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Contra Costa County
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Del Norte County
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El Dorado County
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Fresno County
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Glenn County
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Humboldt County
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Imperial County
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Inyo County
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Kern County
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Kings County
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Lake County
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Lassen County
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Los Angeles County
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Madera County
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Marin County
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Mariposa County
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Mendocino County
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Merced County
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Modoc County
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Mono County
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Monterey County
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Napa County
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Nevada County
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Orange County
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Placer County
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Plumas County
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Riverside County
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Sacramento County
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San Benito County
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San Bernardino County
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San Diego County
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San Francisco County
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San Joaquin County
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San Luis Obispo County
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San Mateo County
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Santa Barbara County
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Santa Clara County
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Santa Cruz County
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Shasta County
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Sierra County
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Siskiyou County
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Solano County
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Sonoma County
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Stanislaus County
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Sutter County
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Tehama County
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Trinity County
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Tulare County
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Tuolumne County
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Ventura County
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Yolo County
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Yuba County
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See the next page for a copy of form CSF 64.
See the next page for a copy of form EFA-7A.
NOTE: For the full Covered California/ Medi-Cal application, please go to your local county social services office, or find the full application online at:
https://www.coveredca.com/PDFs/paper-application/CA-SingleStreamApp_92MAX.pdf
See the next page for Instructions on how to apply to Covered California/Medi-Cal.
See the next page for a copy of MC Form 210a.
See the next page for a copy of CMS Form 1696 in English and español.
See the next page for a copy of Form SSA-1696-U4 .
See the next page for a copy of Form SSA-827.
See the next page for a copy of VA Form 21-0788.
This form is also available at:
http://www.vba.va.gov/pubs/forms/VBA-21-0788-ARE.pdf
See next page.
This form is also available at:
http://www.va.gov/vaforms/medical/pdf/vha-1010EZ-fill.pdf
See the next page for a copy of VA Form 21-4193. This form is also available at: http://www.reginfo.gov/public/do/DownloadDocument?documentID=203887&version=1
See next page for a copy of DD Form 293.
This form is also available at: http://www.dtic.mil/whs/directives/forms/eforms/dd0293.pdf
See the next page for a copy of DD Form 149.
This form is also available at:
http://www.public.navy.mil/asnmra/corb/NDRB/Documents/dd0149.pdf
The EMPLOYMENT CHAPTER will help you prepare to reenter the workforce and will guide you throughout the job application process. You will learn about your rights when an employer runs a background check on you, how and when an employer may consider your criminal record, and how to protect your rights in these situations. This Chapter will also help you if you want to apply for a professional or occupational license, start your own small business, or consider other alternatives to traditional employment. Finally, this Chapter will explain your rights in the workplace if your incarceration was the result of a disability, and how to protect yourself against illegal discrimination.
DISCLAIMER – YOUR RESPONSIBILITY WHEN USING THIS GUIDE: When putting together the Roadmap to Reentry: A California Legal Guide , we did our best to give you useful and accurate information. However, the laws change frequently and are subject to differing interpretations. We do not always have the resources to make changes to this informational material every time the law changes. If you use information from the Roadmap to Reentry legal guide, it is your responsibility to make sure that the law has not changed and applies to your particular situation. If you are incarcerated, most of the materials you need should be available in your institution’s law library. The Roadmap to Reentry guide is not intending to give legal advice, but rather legal information. No attorney-client relationship is created by using any information in this guide. You should always consult your own attorney if you need legal advice specific to your situation.
EMPLOYMENT: TABLE OF CONTENTS
I. INTRODUCTION: Looking for Work 556
Preparing to enter the job market 556
What can I expect as a job applicant with a criminal record? 556
How will my criminal record affect my job prospects? 556
What documents do I need before I apply for any job? 556
How can I prepare for employers’ questions about my criminal record? 557
How to present your best self 558
How do I present my best self to an employer? 558
Beef up your resume 559
How can I build up my resume? 559
Clean up your record 560
Can I clean up my record? 560
Target your job search 560
How do I target my job search and find the best fit? 560
Are there certain types of jobs I can’t have because of my criminal record? 560
Ace the job application 561
How can i have a successful job application? 561
Interview well 562
How can I succeed in an interview? 562
Bonding Insurance: What is it & how can it encourage employers to hire me? 562
Work Opportunity Tax Credits: What are they & how can they encourage employers to hire me? 563
Key terms in the employment chapter 564
II. KNOW YOUR RIGHTS on Employment BACKGROUND CHECKS 565
Your rights against employers 565
How can employers learn about my criminal record? 566
If the employer asks you directly about your criminal record 566
What can’t employers ask about my criminal record? 566
What can employers ask me about my criminal record? 567
When can (and can’t) employers ask about my criminal record? 567
When can a public (government) employer in California ask about my criminal record? 567
When can a private employer in California ask about my criminal record? 568
If the employer uses a private background check company to run a background check on you 568
Are employers legally allowed to run a background check on me? 568
Can an employer consider my credit history? 569
Are employers legally required to conduct criminal background checks? 569
Since employers are allowed to run background checks on me, do I have any legal rights in the process? 569
Can an employer decide not to hire me based on my record? 571
What rules must an employer follow if they decide not to hire me based on my record? 571
What can I do if there is inaccurate, incomplete, or illegal information in my background check report? 573
If I am hired, can my employer run background checks on me in the future without my permission? 573
What can I do if the employer has already received information from a background check report that it shouldn’t have received by law? 574
If the employer conducts an “in-house” background check 575
How does an in-house background check work? 575
What rules govern California employers who run in-house checks? 576
Errors in employers' in-house background checks: 577
How can I find out if an employer relied on incorrect public records about me? 577
If an employer relied on inaccurate public records, what can I do? 577
Can an employer ask me for or consider my RAP sheet? 577
Which employers can see my RAP sheet? 577
Can I see my own RAP sheet? 578
What can I do if the employer does not follow any of these rules on background checks? 578
III. YOUR RIGHTS AGAINST BACKGROUND CHECK COMPANIES 580
Background check companies’ access to your criminal records 580
How do background check companies get information on me for their background check reports? 580
What can a background check company report about me to an employer? 580
What can a background check company not report about me to an employer? 581
What can I do if I think my background check report is incomplete or incorrect? 581
When has a background check company violated the law? 581
What can I do if a background check company has broken the law? 582
IV. HOW EMPLOYERS CAN (& CAN’T) USE YOUR CRIMINAL HISTORY 583
Legal and Illegal Employment Discrimination 583
Can employers legally discriminate against me (such as not hiring or firing me) just because of my criminal record? 584
What laws protect applicants from discrimination based on their criminal record? 585
Can an employer have a policy that excludes applicants who committed certain specific crimes? 586
What can an employer consider about my criminal history? 586
How can I improve my chances of getting hired if the employer sees my criminal record? 587
What can I do if I believe that an employer has a complete ban on hiring people with records? 587
Real-life situations—examples of discrimination because of criminal record & race (or other protected characteristic) 587
Can an employer discriminate against me because of my race, color, religion, sex, sexual orientation, or national origin? 587
What can I do if I think an employer has treated my criminal history more harshly than other job applicants because of my race, color, religion, sex, sexual orientation, or national origin? 587
I was fired or denied employment because of my visible tattoos. Do I have any legal protections against discrimination? 588
What can I do if I feel I was illegally discriminated against by an employer? 589
How much time do I have to file a discrimination complaint against an employer? 589
What relief could I get if an employer illegally discriminated against me? 590
What is the difference between filing an employment discrimination complaint with the EEOC and DFEH? 590
How do I file a discrimination complaint with the EEOC? 591
What happens after I file a complaint with the EEOC? 592
How does the investigation process work? 592
How do I file a complaint with the DFEH? 593
What if I want to go straight to court and file a lawsuit on my own? 593
Who can represent me if I believe I have been illegally discriminated against for a job because of my record? 593
V. Jobs & Professions Your Record Might Exclude You From 595
Legal restrictions on certain jobs 595
Are there certain types of jobs I can’t have because of my criminal record? 595
Can I ever become eligible again to get these jobs? 595
Legal restrictions on professional licenses 596
What are professional and occupational licenses and what do they require? 596
What kinds of jobs require a professional or occupational license? 596
Can I get a professional or occupational license with a record? 597
What criminal history information can a licensing board consider about me? 597
Can a licensing board deny me a license based on my record? 597
Can I apply for a license while I’m still incarcerated? 598
Can I apply for a probationary license before I get a full license? 599
What can I do if the board denies my application for a license? 599
What can I do if I used to have a license, but lost it due to a criminal conviction? 599
Who can help me if my license has been denied or taken away due to a criminal conviction? 599
Where can I go to learn more about professional licenses? 600
VI. ALTERNATIVES TO TRADITIONAL EMPLOYMENT 601
Consider self-employment or start your own business 601
Become an independent contractor 601
Join a worker-run cooperative business 602
Apply to work through a temp agency 603
Get Your Foot in the Door Through Temporary Positions 603
VII. HOW TO PROTECT YOUR RIGHTS IF YOU HAVE A DISABILITY 604
Disability & reasonable accommodations in employment 604
What is a disability under the law? 605
If I have a disability, how might this affect my job search? 606
What do I need to know about the relationship between my disabilities and my criminal record? 606
What kinds of accommodations can I request? 606
What will I need to show to get a reasonable accommodation? 607
What can I do if the employer refuses to make a reasonable accommodation for me? How can I challenge the decision? 607
If I try to sue the employer in court, what must I prove? 608
Where can I go to learn more about how my disability affects my employment rights? 608
EMPLOYMENT APPENDIX 609
People with criminal convictions can and do get jobs—it happens every day! They are employed in the workforce at all levels, from entry-level jobs to executive positions. You may (or may not) have to work a little harder to get a job, but it can and will happen. Remember the 3 “P”s—be Persistent, be Professional, and keep a Positive attitude.
Find a trusted person and/or other local resources to help you prepare for the job search, navigate any record-related barriers, and find the right job for you!
Before talking about your employment rights, let’s review some basics. This section goes over what you can realistically expect from today’s job market, and the things you need to do and get before you can hold any job.
The job market is a competitive place for anyone looking for a job. Although it may be a tough process, finding a job is possible if you give it time and effort! It is important to get organized and learn about your options. This section will help you understand the unique rights that you have as a job applicant with a criminal record and how to exercise those rights during your job search.
Unfortunately, if you have a criminal record, it is harder to get hired, paid, and promoted fairly. But you are not alone—one in four adults in the U.S. has a criminal record, [1821] and having a record does not mean you are unqualified for the job. If you take steps to understand your rights, responsibilities, and limitations, you can arm yourself with the knowledge necessary to secure the right job.
Employers often conduct background checks on job applicants and current employees. In order to be prepared, you must be highly proactive about:
You should get: (1) official ID and (2) copies of your criminal records to review.
Before you apply for any job, you should begin the process of applying for basic government-issued IDs. ( To learn more about different forms of official ID, see the BUILDING BLOCKS OF REENTRY: ID & VOTING CHAPTER, beginning on PG. 21.) In most cases, you will need at least:
You will need these ID documents when you apply for a job and complete the U.S. Citizenship and Immigration Services (USCIS) Form I-9, which all employees in the United States must fill out. Form I-9 proves you are legally allowed to work in the country. Your employer should give you this form to fill out. See Appendix A, PG. 610, for more information about Form I-9.
Please note that the employer cannot keep your documents, but may make a photocopy of them for your employment file. [1822]
You should get copies of your criminal records so that you know what employers are likely to find out if/when they run a background check. This will help you prepare to answer questions about your history and to address any concerns an employer may have. It’s also good to get a copy of your official criminal record (called a “RAP Sheet”) just for you, to make sure that all the information is accurate, and to correct errors if you find them. See UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, PG. 915, for information about how to get a copy of your RAP sheet. See PG. 565, below, to learn more about background checks and what information your employer can see. [1823]
Knowing absolutely everything about your criminal record means that you know not only what is in your record, but also what is NOT in your record. You should be aware of all arrests, convictions, dismissals, and sentences that are currently part of your record, but you should also know about any information that has been dismissed, expunged, sealed, removed, or corrected. When you know what your record should look like, you will have a better understanding of how it will affect your job search, and you can make informed decisions about what steps you should take to improve your chances of getting hired. [1824]
Some of the information you will find on yourself will be things that employers CANNOT SEE, ASK ABOUT, or CONSIDER when you apply for a job. But it is good to know what information is out there, just to be aware of what employers might find and to know how to respond if illegal information shows up in a background check. For complete details on what criminal record information an employer can and cannot see, ask about, or consider, see PG. 566. For a brief summary of this information, read the Know Your Rights Box on PG. 558!
To know what information an employer might find out about you, you will need to do research on yourself. Doing research on yourself is how you will see what information exists out there about you—not just what is in your official criminal record, but also anything public, especially on the Internet (for example, on Facebook, Twitter, or Instagram). If you know what employers are going to see, you can be prepared to answer their questions about your history and address any of their concerns. You can also correct any mistakes, and ensure that agencies aren’t illegally providing information that they shouldn’t be reporting.
Here are some suggestions for how to conduct research on yourself:
Knowing your employment rights means knowing what employers can and can’t do when it comes to reviewing and using your criminal history when deciding whether to hire you. It also means knowing how to prevent employers from violating your rights by not hiring you, and what actions you can take if your rights are violated. See PG. 583 to learn more about these rights and how to protect them. In the meantime, the here is a summary of what employers CAN and CAN’T consider about your criminal record. [1825]
Presenting yourself in the best way possible means doing what you can to reduce any negative impressions that your criminal record may cause. This might include addressing your past during job interviews and talking about your rehabilitation efforts and all the changes you have gone through; obtaining proof of rehabilitation, where possible (see Appendix C, PG. 616); making thoughtful decisions about what jobs you apply for (see PG. 560); and cleaning up your record, where it is possible (see PG. 560). [1826]
Employers CAN:
Most Employers CANNOT:
While you can’t control everything about the job search, there are MANY steps you can and should take to improve your chances of being hired for the job you want—whether that means cleaning up your record, finishing school, or learning new skills and getting more experience. This section will explain what you can do before you begin applying for jobs, throughout your job search, and during your application process, to help improve your chances of being hired.
Yes. If you are interested in removing your tattoos, there are several organizations in California that offer free or low-cost tattoo removal for people who are having trouble obtaining employment due to visible tattoos, particularly if they are gang-related tattoos. Homeboy Industries in Los Angeles, for example, offers free tattoo removal and a number of other useful services for formerly incarcerated people. Upon your release, you can search for more organizations that provide these services on Jails to Jobs’ website at: http://jailstojobs.org/wordpress/tattoo-removal . For information about employment discrimination due to your tattoos, see PG. 588.
Consider volunteering with local religious or community organizations, and plan to stick around for at least 6 months. The length of time you remain dedicated to the organization is more important than the amount of time you spend volunteering during a particular day or week. Your volunteer work can help to calm an employer’s concerns about your past, and strong references can go a very long way in helping to secure a future paying position.
1. Explore volunteer opportunities. Volunteering is a great way to learn new skills, gain solid references, find out about local job opportunities, and show potential employers that you are dedicated and responsible. Although it is usually unpaid, it strengthens your application and offers experiences you can talk about in your job search.
2. Go back to school. Going back to school to get your GED or advanced college or professional degree shows that you are responsible, focused and driven—all qualities that employers look for when hiring. As a practical matter, going back to school can offer you training to expand your skillset and qualify you for more jobs.
3. Participate in a reentry program. Employers will be impressed if you are proactive and take steps to grow and learn from challenging past situations. Reentry programs in your local area may be able to help you in your job search, and support you in your transition. To find out about reentry programs or other employment opportunities, we recommend that you attend local reentry fairs and/or talk to people (in prison or jail or outside) who might know about these programs. Ask your counselor or case manager, parole or probation officer, mentor or sponsor, or others for recommendations.
Talk to your trusted person or someone at a workforce development program to see what school, work, and volunteer opportunities are available in your area, and for other ideas about how to build your resume and gain new skills.
4. Participate in workforce development (job readiness) programs. Many organizations have workforce development or job readiness programs for people with criminal records or other employment barriers. These programs help you to search for jobs, improve your job skills, and prepare for job applications and interviews. They provide services like job counseling, job training, resume writing, interview coaching, and sometimes job placement and referrals.
Even if there are no job readiness programs for people in reentry in your area, look for similar services. Sometimes the only workforce development program near you will be an America’s Job Center, which is run by the government. If the America’s Job Center is your only option, take advantage of the case managers and other programs there. If there are other workforce programs available in your area, try those first, as they often provide more individual attention and help. For a list of workforce development programs around the state, see Appendix B, PG. 614, or call 2-1-1 for local referrals.
America’s Job Centers of California (once called One-Stop Career Centers) are job readiness centers run by the state through the California Employment Development Department (EDD), a state agency that assists workers and employers. America’s Job Centers provide FREE services and resources to people looking for work, including: job counseling to figure out what jobs are right for you; free access to phones, fax machines, computers, and Internet; job search and résumé writing workshops; community resources and referrals for training; and job fairs. To find an America’s Job Center near you, go to www.americasjobcenter.ca.gov . To find job fairs and workshops, go to www.edd.ca.gov/Jobs_and_Training/Job_Fairs_and_Events.htm and follow the links to find events in your region.
Maybe. Your record is not necessarily permanent for the purpose of getting a job. You may be able to clear—or more likely lessen the impact of (in other words, “clean up”)—your criminal record, making you more attractive to potential employers. For more information about the different ways to clean up your record, see the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, beginning on PG. 915.
Different organizations may offer “clean slate” services in your area, such as:
Some people find it more fulfilling and empowering to be their own boss. Self-employment can give you more control over the type of work you do, freedom and flexibility to make your own decisions, and greater responsibilities at work. Think about your skills, interests, and previous work experience or vocational training. If you think that self-employment may be a good option for you, read the section on “Alternatives to Traditional Employment,” starting on PG. 601 for more information and helpful resources on starting your own business.
For more information about finding “clean slate” services and programs in your area, see the list of legal aid providers on PG 1075. For more information about ways to show employers proof of your rehabilitation, see Appendix C, PG. 616.
Employers will be more concerned if the job position you are applying for requires you to do work that directly relates to your past convictions. For example, if you’ve been convicted of theft, this may concern an employer who is looking to hire someone to become a manager or cashier at a store. If you can proactively point out that the circumstances of your crime—including the seriousness of the offense and the length of time since it occurred—won’t affect your ability to do the job, an employer is more likely to feel you will be an honest and truthful worker. Also, there may be some types of jobs or occupational licenses that you can’t hold by law, based on your conviction offense. See PG. 595 for more information about legal restrictions for certain types of jobs.
Consider the type, size, and management style of the company to which you are applying. Most applications ask whether or not you have been convicted of a crime, but some only ask about felonies. Some experts suggest that applying to a small business could be more successful than a larger corporation, because this allows you the opportunity to speak directly with the owner and explain what happened.
It’s possible. Before applying for work, you should know that certain jobs have legal restrictions that disqualify people with certain past convictions from working in that position. Also, certain types of jobs require you to have a professional or occupational license from the state, and such licenses have their own legal restrictions and can be difficult to get depending on what’s in your record. For more information on legal restrictions and professional licenses—and how you can become re-eligible to work in some cases—see “Jobs & Professions Your Record Might Exclude You From,” starting on PG. 595.
Examples of jobs with legal restrictions for certain types of convictions: Airport security screeners; Federal law enforcement officers; Bank employees; Childcare workers in federal facilities or agencies; Port workers.
Examples of jobs that require a professional or occupational license: Barber; Beautician/Cosmetologist; Pharmacist; Nurse; Cemetery / funeral home worker; Real estate agent.
IMPORTANT: Most jobs do NOT have legal restrictions. The information here isn’t intended to discourage you, but to help you understand your options and find the job that’s right for you. Also, even if an employer cannot hire you for one type of job based on your record, they may have other types of jobs available that you ARE eligible for and could do instead.
As you’re thinking about jobs or looking for work, it can be helpful to think about other work options—alternatives to traditional employment—like starting your own business, joining a worker-run cooperative business, or going through a temp agency. You may decide that one of these alternatives is more exciting, more convenient for your schedule and needs, or just a good way to get your foot in the door with an employer.Here are some other ways of working and earning an income that are different from traditional employment:
For more information on each of these options, read section on Alternatives to Traditional Employment, starting on PG. 601 below.
Under state law, former employers and other references ARE allowed to say negative things about you as part of a job reference. So you should always ask your reference if they are willing to be listed, and you can ask what they will say about you before you list them.
In the past, applying for a job meant filling out a paper application and handing or mailing it to the employer. Now, any information that you give about yourself may become part of your job application that the employer considers. This includes information you share with the employer or other employees at the company, with a temp agency, at a job fair, at a workforce development center, or with other people or organizations that are involved in your job search process. It can include paperwork you fill out or sign, a questionnaire you complete, information you type in online, documents you hand in, or answers/information that you say in person.
If an application asks about your previous work experience, MAKE SURE you accurately write the dates of your previous employment and how much you were paid! The new employer will probably contact your former employers to check your references and ask about this information. If you list incorrect information about the dates you were employed or your wages at your past job (even by mistake!), the new employer may think you’re intentionally lying and may reject your application for that reason. If you can’t remember the exact dates you worked or your wages, write down that you are guessing or estimating this information, and that you are NOT certain. This will show the employer that you’re trying to be honest and are not intentionally giving wrong information.
When you apply for a job, you will probably have to give a list of references—people who know you and can talk about whether you’re a good worker. Most likely this will be an old employer, but it could also be a teacher from a vocational training or certification program, or even someone from your church or other community organization that you’re involved in. The new employer will contact these people to ask about your previous work history, personality, whether you were a good employee, and other information to help decide if they should hire you.Be careful about whom you list as a reference and what they will say about you! BEFORE you list someone as a reference, it is best to call the person (or have a trusted person call for you) to ask what they will say about you. If it turns out they say something negative, you’ll know not to list them after all. Keep in mind that even if you don’t list someone as a reference, an employer or background check company may still contact them as part of their own background check process.
If you’re filling out a paper or online application, ask your trusted person, or someone from a local reentry or workforce development program, to look over your completed application before you send it to the employer.
Here is a list of the essential steps to prepare for and succeed in an interview with a potential employer. For more detailed information about each of these steps, please see the Appendix D, PG. 617.
If possible, you should try to do a practice (“mock”) interview before the real thing with your case manager, social worker, counselor, or even family or friends. Remember, even if you have your answers prepared on paper or in your head, things will sound different when you try to say them out loud!
Learn here about two government programs that are meant to encourage employers to hire people with criminal records: (1) the Federal Bonding Program and (2) the Work Opportunity Tax Credit (WOTC).
Some employers require their employees to be covered under fidelity bonding insurance, which is a special type of insurance that protects the employer from money or property loss caused by employee dishonesty. If your employer requires fidelity bonding insurance, there are two options: (1) private fidelity bonding insurance, and (2) the Federal Bonding Program.
(1) Private Bonding Insurance— Many private insurance companies sell fidelity bonding insurance that employers can buy. The insurance will reimburse employers for losses due to things like forgery, theft of money or valuables, or fraud by a company employee. An employer can buy insurance coverage for ALL employees, or for only a few, specific employees. [1827] However, if you already have a criminal conviction record, your employer may not be able to get private bonding insurance for you. [1828] In this case, the employer may be able to get bonding insurance through a special federal government program (see immediately below).
(2) Federal Bonding Program— If you already have a criminal conviction record, your employer may not be able to get private bonding insurance for you. If you are applying for a job with an employer who requires employees to be covered by fidelity bonding insurance, the federal government has a special program to provide FREE fidelity bonding insurance for 6 months to cover individuals who are eligible for the program. [1829] In California, the California Employment Development Department (EDD)—the same state agency that runs America’s Job Centers of California—runs the Federal Bonding Program. For more information and instructions on how to apply for the Federal Bonding Program, see Appendix E, PG. 619.
If you meet the following requirements, you may be eligible for the Federal Bonding Program:
For a complete list of eligibility requirements, see Appendix E, PG. 619.
IMPORTANT: Your employer can only get free insurance coverage for the first 6 months that you work there; after that they will have to purchase insurance directly. If you switch to another job that also requires bonding, you will have to reapply to the EDD, and they will decide on a case-by-case basis whether you can get new insurance coverage at the new employer. If you left your previous job on good terms, you will have a better chance of getting bonding insurance for your next job, but it is not guaranteed. [1830] For this reason, it’s recommended that you only use the bonding program for jobs that are likely to be long-term or permanent—NOT for temporary positions. [1831]
Suggest that your employer look into the federal Work Opportunity Tax Credit (WOTC). The WOTC is a federal tax credit historically available to employers for hiring job applicants who face significant barriers to employment, including people with felony convictions who are hired within 1 year after their conviction or release from prison, veterans, and recipients of certain public benefits. [1832] (For this reason, be sure to answer truthfully if an employer or job application asks whether you receive public benefits!) The WOTC ranges from $1,200 to $9,600, depending on your hours and pay during your first year as an employee, and on the maximum allowed credit. [1833] For more information about the WOTC in California, contact the WOTC Coordinator at (916) 227-5163, or visit the Employment Development Department’s (EDD) website about the WOTC at: http://www.edd.ca.gov/jobs_and_training/Work_Opportunity_Tax_Credit.htm .
IMPORTANT: Although the legal authority for the WOTC expired on December 31, 2013, tell your employer that he/she should continue to submit WOTC applications to the EDD. In the past, when the WOTC expired, Congress eventually reauthorized the tax credit and applied it retroactively; so it’s recommended that employers continue to submit applications while reauthorization is pending. [1834]
You can request a copy of your RAP sheet from the California Department of Justice (DOJ) by filling out an application, getting fingerprinted, and sending everything to the DOJ. It can take a couple weeks for the DOJ to process your request and send you an official RAP sheet. For more information on getting a copy of your RAP sheet, see the UNDERSTANDING & CLEANING UP YOUR RECORD CHAPTER, PG. 915.If you don’t want to wait for your RAP sheet, you can also get a copy of your court records directly from the courthouse where you were convicted. If you go to the court in person, you can often get a copy of your records the very same day. Some courts will also let you request your records online, without having to go in person (although you will have to wait longer for the court to mail you the paper copies). To get your court records, you will need to have (or look up) your case number, and you will probably have to pay a fee for photocopying (usually around 50 cents/page).
Before we discuss the laws that will affect you as you reenter the job market, let’s review a few key terms. (For more detailed definitions and explanations of these terms, see UNDERSTANDING & CLEANING UP YOUR RECORD CHAPTER, PG. 915).
Criminal Record: This is the general term we use for all of the information about your criminal history. Your “criminal record” includes arrests, charges against you, convictions, pleas, acquittals, dismissals, sentences, and any other time your contact with law enforcement was documented.
RAP Sheet: A RAP sheet (Record of Arrest and Prosecution) is the government’s official version of your criminal record. It lists every contact you’ve had with the criminal justice system, including arrests, convictions, acquittals, dismissals, and sentences. [1835] If you’ve been arrested or convicted of a crime in California, you could have 3 different RAP sheets:
Background Check: This is the process of looking up information about someone’s past activities—their criminal records, finances and credit, or other personal information—through public records, Internet searches, or interviewing people you know. When you apply for a job, the employer will most likely pay an outside company to run a background check on you.
IMPORTANT: You have legal rights when someone runs a background check on you! The law limits what information can be included in your background check and what information employers, landlords, and others can use, and it allows you to challenge mistakes and violations.
Consumer Report —This is the technical, legal name of the document that that is produced when an employer (or anyone else) runs a background check on you (produced by private companies called “Consumer Reporting Agencies”—see next definition). Since “consumer report” is the technical term, but not used by most, this Chapter uses the layperson term “background check reports.”
Reporting Agency —This is a company that investigates and produces background check reports. [1838] They’re also called Consumer Reporting Agencies (federal law) and Investigative Consumer Reporting Agencies (state law), but this Chapter uses the layperson term “background check companies.”
This section explains the laws and your rights when an employer runs a background check on you for a job. It will explain what information an employer CAN and CANNOT see, ask about, and consider about your criminal record; and what information background check companies CAN and CANNOT report about you. It also explains how to correct background check errors, and what you can do if an employer or background check company violates the law.
This section will explain your rights when an employer runs a background check on you or asks you about your criminal record, and what you can do if the employer violates your rights.
The next section will explain your rights when a background check company produces a report on you, and what you can do if the background check company violates your rights (see PG. 580).
There are three main ways an employer can access information about your criminal history:
An employer might ask about your criminal record in writing, on a job application, or in an interview. This section discusses all of these situations. It’s important to know your rights:
These laws are meant to protect you from discrimination as you apply for jobs.
Public (government) employers can ask and get access to more information than private companies or nonprofit organizations. Read carefully to understand what laws apply to public vs. private employers.
There are certain parts of your criminal record that employers CANNOT legally ask you about. Under state law, an employer cannot ask you about:
About 69% of employers run criminal history background checks on all job applicants. About 86% of employers conduct background checks on at least some applicants. Larger companies tend to run routine background on everyone as part of their regular job application process, while smaller companies might not.
There is a weird gap in the law that you should know about. While employers CAN ask about and consider convictions older than 7 years old (and can ask you about these as part of an in-house background check), private background check companies CANNOT report information about convictions more than 7 years old on your background check report. This CANNOT come up in a background check.
REMEMBER: In general, if an employer asks you if you were ever arrested, you SHOULD NOT answer that question, and you DO NOT have to. Politely remind the employer that if he/she wants to learn about your criminal record, he/she can ask ONLY about relevant convictions—NOT arrests—to protect your rights.
Under state law, employers can ask you questions about certain convictions, but not all. [1850] For example, an employer could ask (on an application or in person): “Have you ever been convicted of a crime?”—but if the employer is following the law, there should be a big warning that says it’s NOT asking you to report convictions you don’t legally have to admit (all those listed, starting on PG. 566). [1851]
Employers can also ask you direct questions about pending arrests and ongoing/ unresolved cases. For example, and employer could ask (on paper or in-person), “Do you have any pending arrests or unresolved criminal cases?”
Unfortunately, the answer is complicated because the rules are not the same for all types of employers, and vary between some counties and cities. When a California employer can ask about your criminal record depends on the following factors:
An employer can only ask about arrests and charges that are open or unresolved, NOT about arrests or charges that were dismissed or closed in your favor.
Because of these differences, this section is divided into rules for public (government) employers and rules for private employers .
Because of the recent state law known as “Ban the Box,” public employers in California CANNOT ask you—in-person, verbally, or in writing on a job application—ANY information about your conviction history until AFTER the employer has determined that you meet the minimum job requirements. This law applies statewide to ALL state and local government employers, but does NOT apply to federal government jobs , jobs with law enforcement, or positions that require a criminal background check by law . [1852]
Please Note: The current interpretation of California's "Ban the Box" law is that it does not apply to community colleges in their function as state employers, meaning that they are legally allowed to ask you certain questions about your criminal record in the initial application—but nothing from the list of “never-ask” criminal background questions starting on PG. 566).
Some cities and counties in California (such as San Francisco, Richmond, Los Angeles and Compton) have passed their own local “Ban the Box” laws that sometimes apply to certain private employers. See Appendix F, PG. 621, for more information about local “Ban the Box” laws in California (such as the one in San Francisco called the “Fair Chance Ordinance”).
It depends on your city and county. For many years, across the entire state, a private employer could ask certain questions about your criminal record at any time, and most private employers can still ask these questions AT ANY TIME.
Recently, however, San Francisco passed a “Ban the Box” law that applies to private employers. This means that in SF, employers must wait to ask about records until AFTER they have determined the person would be qualified, just like public employers must around the state. For now, San Francisco is the ONLY county in which “Ban the Box” legislation applies to private employers, but other cities and counties are considering similar legislation. See Appendix G, PG. 623, for a full explanation of the San Francisco law, called the Fair Chance Ordinance. A similar law that applies to private employers located or doing business in the City of Los Angeles passed in December 2016. See Appendix W, PG. 649, for more information about Los Angeles’ Fair Chance Initiative for Hiring.
In addition, the cities of Richmond, Compton, and Los Angeles have implemented “Ban the Box” laws that apply to government contractors—meaning private employers that have contracts with the local city government. If you are applying to a job with a private contractor in one of those cities, you should find out if “Ban the Box” would apply to you. See Appendix H, PG. 626 to learn about Richmond, CA’s “Ban the Box” law and PG. 649 to learn about the one in Los Angeles.
Yes. In California, employers are allowed to conduct background checks “for employment purposes”–when deciding whether to hire, promote, reassign, or keep you on as an employee. Private Background check companies are allowed to provide background checks (also called consumer reports) to anyone the agency reasonably believes will use the information “for employment purposes.” [1853]
Yes! Even if the employer does run a background check, this doesn’t mean that they won’t hire you. 58% of employers allow job applicants to explain the results of their background check before the employer makes a final decision about whether or not to hire them. See PG. 558 above for some tips on how to discuss your background and record in the most favorable way—showing the employer why s/he should hire you and give you a chance!
Generally, no. Employers CANNOT look at your credit report unless you are applying for certain high level or sensitive job positions, such as a manager or supervisor within a company, a law enforcement officer, or a position with access to large amounts of cash and/or sensitive financial information. [1854] If you have further questions about your credit history, contact a local legal service organization or call 2-1-1.
Generally, no. Most of the time, the employer is not legally required to run a background check, though many choose to. [1855] The only exception to this rule is if the job involves unsupervised access to sensitive populations or the handling of sensitive information (like law enforcement officers, [1856] airport security screeners, [1857] security guard positions, [1858] bank employees, [1859] port workers, [1860] childcare workers in federal facilities or agencies, [1861] certain insurance personnel, [1862] any personnel involved in administration of an employee benefits plan, [1863] defense contractors, [1864] and prisoner transportation personnel). [1865] For these specialized jobs, a background check is mandatory.
Yes—you have a number of important legal rights THROUGHOUT the hiring process in how the employer can run and use a background check. The following rules protect your rights when you are applying for a job and the employer runs a background check on you through a private Background check company. (Note: There are different rules if the employer runs a background check on a current employee because it suspects the person of misconduct or wrongdoing.) [1866]
Before an employer runs a background check on you using a private background check company, the employer must do ALL of the following: give you notice, get your written permission (consent) to run the check, inform you of your rights, and offer you a copy of the report, once it is done. [1867] Here are the 4 steps below in more detail:
An employer must provide you with written notice if it intends to hire a background check company and use information in your background check to make decisions related to your employment. This notice must be in a separate document from other information from the employer—it can’t just be mentioned on the job application or buried among other papers—SO that it is clear that the employer is running a background check done on you. [1868]
The NOTICE must include the following INFORMATION: [1869]
After the employer gives you notice, the employer must ask and get your permission in writing—before conducting a background check. [1873] Usually, there will be a box to check on the job application, asking you for your permission for the employer to do a background check.
IMPORTANT: If AN EMPLOYER WANTS TO RUN AN ADDITIONAL BACKGROUND CHECK LATER ON: Employers must give you NOTICE and get your PERMISSION EVERY TIME they run a background check. If the employer wants to do another background check later, or wants to get continuous, updated background checks on you during your employment, they must give you a NEW NOTICE AND get NEW written PERMISSION from you each and every time they do a background check (except in cases of suspected misconduct). [1874]
The employer must inform you of your right to see the information used by the Background check company when conducting your background check. [1875]
The employer must give you a chance to request a copy of the background check report they got. There should be a box you can check to request copy of your report—usually it will be on the same form you sign to give permission for the background check. [1876] Always check YES to get a copy of the report so you can see what the employer sees! If you check the box to request a copy of your background check report, the employer must send you a copy of the report within 3 business days from the time when the employer receives it. [1877]
IMPORTANT: ALWAYS request a copy of the background check reportYou have a legal right to receive a copy of the background check report used by the employer, and it is recommended that you always request a copy of the report. Always check the box to request a copy of the background check report.WHAT TO LOOK FOR:
Yes, BUT ONLY if they follow the law. The law sets certain rules that the employer must follow in the hiring process and in deciding whether to hire someone with a record. The employer must follow additional legal rules both before AND after taking any adverse action against you. [1879]
Under, federal law (FCRA) the employer must notify you both before AND after taking any adverse (negative) action against you based on the results of your background check. [1880]
BEFORE ADVERSE ACTION:
Before an employer takes any adverse action against you based on the results of your background check, the employer must give you a “Pre-Adverse Action” letter to notify you that it is planning to take the adverse action. [1881]
Under federal law, the Pre-Adverse Action letter must:
After you receive this letter, you must be given a reasonable opportunity (about 5 days) [1884] to review your report and correct any errors.
IMPORTANT: If you receive a “Pre-Adverse Action” letter, it is recommended that you:
If the employer does not give you enough time to review the report and correct any errors—for example, if the employer gives you the “Pre-Adverse Action” letter and then rejects your job application on the same day—you may have a legal claim against the employer for violating your right to receive notice before the adverse action. [1885] Although the purpose of the Pre-Adverse Action law is to allow you to correct errors in your background check report, the law is NOT clear about whether the employer is required to reconsider your application if you correct the error and provide proof. If this happens to you, you should talk to an attorney about whether the employer may have violated your rights. [1886]
AFTER ADVERSE ACTION
After an employer takes any adverse action against you, such as rejecting your job application or firing you, the employer must give you an “ Adverse Action Notice” to notify you that an adverse action was taken against you based on information from your background check. The employer can give you this notice orally, in writing, or electronically, but it must be within 3 business days of the employer’s final decision.
Under federal law, the Adverse Action Notice must include:
The Adverse Action Notice is important so that you know why the employer made the adverse decision against you and what information the employer considered. This way you can challenge or correct any information that is incorrect, incomplete, or illegal. And if the employer or background check company has NOT followed any of the laws described here—or if the employer does NOT give you an Adverse Action Notice—you may have a legal claim against them.
IMPORTANT INFORMATION ABOUT ADVERSE ACTION NOTICES: If an employer takes an adverse action against you (such as not hiring you) based on information in your background check report, they must give you BOTH a Pre-Adverse Action AND Adverse Action Notice. If the employer does not give you these documents, you may have a legal claim against them for violating your rights under background check laws. However, you will need to show that they employer’s decision was actually based on information in your background check report (such as your criminal record) and NOT for other reasons. See the text box immediately below on PG. 572 for how to do this.
For more information on what you can do if an employer does NOT give you an Adverse Action Notice or does NOT follow any of the other laws described here, see PG. 572.
For more information on how to challenge or correct information in your background check report, see information below, or see the UNDERSTANDING & CLEANING UP YOUR RECORD CHAPTER, PG. 915.
Here are 2 strategies that have been used for showing that the employer may have rejected you based on your background check, even if they did NOT give you a Pre-Adverse Action or Adverse Action Notice:
You have the right to dispute (challenge) any inaccurate, incomplete, or illegally included information in your background check report.
If there is inaccurate, incomplete, or illegal information in your background check report, you have the right to dispute (challenge) this information with the background check company that prepared the report. The background check company must investigate the error, delete or correct any improper information, and send a notice and a statement of correction to ANY employer who received a copy of your background check in the past 2 years (or anyone else who received a copy of your background check in the past year) if you ask. [1888]
For more information on how to dispute inaccurate, incomplete, or illegally included information in your background check report, see information below, or see the UNDERSTANDING & CLEANING UP YOUR RECORD CHAPTER, PG. 915.
No. Under California state law, an employer must follow the legal procedure of giving you notice, getting permission, etc., every time it wants to run a background check on you. [1889] In addition, an employer CANNOT ask you to waive (give up) your right to receive notice, give permission, etc., before running a background check. [1890]
EXCEPTION: If an employer suspects you of wrongdoing or misconduct, it can run a background check without giving you notice or asking for your permission. This exception applies if the employer is conducting a background check because they suspect you of misconduct on the job, including violating any written polices of the employer, or violating any federal, state, or local laws or regulations. [1891]
Unfortunately, employers sometimes get information that should NOT have been included in your background check report. They might ask you about it during an interview (or on a job application), or consider the information when deciding whether to hire you. Here are some suggested steps if this happens to you:
STEP 1: The first recommended step is that you get a copy of the background check report, so that you know what information the employer is seeing. For this reason, it’s important to always check the box to request a copy of the report when you give permission to an employer to run a background check on you.
If you didn’t check the box before, you can still get a copy of the report in 2 ways:
STEP 2: If there are errors or inaccurate information on the background check report, it’s recommended that you point this out to the employer right away. If possible, you may also want to show the employer any proof of the correct information—for example, court papers showing that your conviction has been expunged, or that charges against you were dismissed.
You also have the right to make the background check company correct the information, and send the employer a notice and statement of the correction. For more information on correcting information with the background check company and notifying the employer of the correction, see PG. 578 below.
STEP 3: If the employer asks you about things that should NOT have been in your background check report—such as convictions that are more than 7 years old—it’s recommended you answer the question directly and honestly, but briefly:
STEP 4: If the employer asks you (or makes comments) about incorrect or improper information in your background check report, you may want to write down anything the employer says and anything you say to the employer, so that you have a record to protect your rights later.
Most employers hire an outside private background check company to gather public record information on job applicants and produce a background check report (this method of running a background check is covered in the previous section, starting on PG. 558).
However, instead of hiring an outside background check company, an employer can conduct its own “in-house” (internal) background check on you. The employer can look at your public records directly, as well as interview your friends, family members, and former employers or co-workers. This “in-house” type of background check is a less common practice, but it is important for you to understand that if an employer chooses this route, there are different legal protections than when a private company runs the background check.
An in-house background check is very similar to a third-party background check by an outside Background check company, except the employer alone is responsible for conducting the research, without any outside assistance.
Any employer may conduct an in-house background search in the following ways: [1895]
The law is more relaxed about in-house background checks than it is about using background check companies. This means you have fewer rights when it comes to being notified, giving permission, and challenging the results of in-house background checks.However, if an employer is running his/her own in-house background check on you, they still must follow certain rules. Here is what the employer is and isn’t legally required to do:
KNOW YOUR RIGHTS: r. You have a legal right to get a copy of the public records used by the employer—don’t give it up! It’s recommended that you always indicate that you DO want to see the public records report, and make sure you DON’T check a box waiving (giving up) your right on the application. What to look out for:
When you apply for a job, the new employer will often contact your former employers and other people you list as references, in order to find out if you were a good employee and to decide if they should hire you. Keep in mind that a former employer CAN say negative things about you as part of a job reference even suspected criminal activity, regardless of whether you were convicted of anything—so long as they reasonably believe the information is true and they are not simply acting out of meanness towards you.Also, the new employer is NOT required to tell you what these people said about you, and they can say positive or negative things. It’s recommended that you check in with your references BEFORE listing them, so that you know what they will say about you. (You can also ask someone you trust—a case manager, social worker, legal aid attorney, or friend—to call for you.) Finally, the new employer will also check the dates when you worked at your previous jobs and how much you earned—so make sure you know the EXACT dates and amount you earned, or it could seem like you are being dishonest in a new job application. For more information about listing references and previous jobs on a job application, see PG. 561.
As noted above, if an employer runs its own background check—instead of hiring an agency to do a consumer report—it must disclose to you any public records it relies on. Specifically, the employer is required to ask you whether you want copies of these public records. If you checked “yes” when asked whether you want a copy (which it is recommended that you do), by law the employer must send you the public records in the mail and give you the opportunity to examine them thoroughly. If you find incorrect or misleading information, you can inform your employer about the false information, so he or she does not rely on it as accurate. Then you can attempt to get the errors fixed.
If an employer ran his/her own background check and relied on inaccurate public records, you can:
It is important to remember that you only have the legal right to know about public records that an employer uses. If an employer chooses to investigate your past on its own, they do NOT need to disclose any information learned through in-person interviews with your former bosses or family and friends. [1907]
Usually, no. Most employers are not allowed to see or ask for your RAP sheet. Your RAP sheet is the government’s official record of all your arrests, convictions, and other criminal justice contact. (Your RAP sheet is a confidential document, meaning most people and most employers are not allowed to see it or ask about it! Still, there are many other ways for employers to see your criminal record without ever looking at your official government RAP sheet—such as checking court and public records (see PG. 575) or hiring a private Background check company to do a background check (see PG. 580).
Under California law, only certain people are allowed to see your RAP sheet for employment purposes: [1908]
In order to get a copy of your RAP sheet, these employers are allowed to ask for your fingerprints, including making you do Live Scan (electronic) fingerprinting. [1913]
It is illegal for a regular employer (i.e., NOT an employer listed above) to do any of the following:
Yes. You have the right to get a copy of your own RAP sheet, and to correct any errors or inaccurate information in it. [1915] To request a copy of your RAP sheet, you will need to fill out an application from the California Department of Justice (DOJ) and get fingerprinted, and then send your application and fingerprints to DOJ. [1916] You will also have to pay a fee of no more than $25. [1917] For information on how to request a copy of your RAP sheet, see the Key Terms section on PG. 564.
To correct an error in your RAP sheet, you will need to send a written letter to the DOJ to explain what the error is, and where to find evidence or proof of the correct information. [1918] For example, if your RAP sheet says that you were charged with a certain crime, but you actually plead guilty to a lesser offense, you can tell the DOJ to contact the court clerk to prove the final disposition (outcome) of your case.
Important: Even though you are allowed to get a copy of your own RAP sheet, it is illegal for you to give a copy of your RAP sheet to an employer (unless it’s an employer who is already allowed to see your RAP sheet, as listed on PG. 577 above). [1919]
Employers that do not follow federal and state laws for conducting background checks on you may be liable to you and to the government for their illegal actions.
If you believe that an employer has violated the law for any reason, you may want to take the following steps, if possible:
If you want to sue the employer—BEWARE! (1) It’s expensive. Suing an employer will likely cost a LOT of time and money, and your recovery options are limited. (2) No frivolous lawsuits are allowed. The Federal Credit Reporting Act (FCRA) includes a penalty for filing a lawsuit or related court papers that are filed in “bad faith or for purposes of harassment.” You may have to pay the other side’s attorney’s fees, along with your own, if you file a lawsuit to harass an employer and lose.
Attorney General's Office
California Department of Justice
Attn: Public Inquiry Unit
P.O. Box 944255
Sacramento, CA 94244-2550
This section will explain your rights against private background check companies that conduct background checks for employers and report information about you to them. For information on how to get a FREE copy of your background check report, see the UNDERSTANDING & CLEANING UP YOUR RECORD CHAPTER, PG. 915.
Background check companies will use any available source to dig up information on you. [1923] They may look at:
If the background check includes any information from public records (such as court records), the background check company must state in the background check report:
See PG. 577 about the rules around accessing RAP sheets, which are confidential to most (not all) employers.
Unless a legal exception exists, the only information about your criminal history that background check companies are allowed to include in a background check is
For further information on what can be included in your background check, see the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, PG. 915.
Although some background check companies brag that they can “find out anything about anyone,” both federal and California laws impose restrictions on what information they are allowed to put in your background check, especially when it relates to your criminal history.
For example, Background check companies are NOT allowed to include information about criminal convictions that are more than seven years old, [1929] convictions that were pardoned, dismissed or sealed, arrest records, or referrals to diversion programs.
KNOW YOUR RIGHTS: Background check companies MUST verify certain information to make sure it is accurate! If a Background check company includes information that is a matter of public record in your background check (such as information about your convictions), it must have verified the information within the previous 30 days before issuing its report. Additionally, a Background check company cannot include negative information about you that it got from talking to a person who knows you (for example, a former employer or a neighbor) UNLESS it has tried to confirm that information from another source, or has determined that that person is the best (or only) source of the information. [1930]
You can challenge it! If you dispute Information in your background check, a background check company must investigate your claim.
If you believe that a background check company violated your rights, talk to a trusted person or lawyer who can help you protect your rights! Here are some good people to ask and/or good places to start:
If you notify a background check company in writing that information contained in your background check is incomplete, incorrect, or illegally included, the agency must investigate your claim. [1931] The agency has 30 days from the day it receives your challenge to begin its investigation. Once the investigation is complete, the agency must notify you of the results within 5 days.
If the agency finds that the original information was inaccurate, incomplete, or illegally included, it MUST delete or correct the information AND notify you of the correction. [1932]
IMPORTANT: The background check company MUST send the employer a NOTICE OF the CORRECTION if you ask. If there was inaccurate, incomplete, or illegal information in your background check report, you have the right to make the background check company send a notice and statement of correction to ANY employer who received a copy of your background check in the past 2 years (or anyone else who received a copy of your background check in the past year).
For more information and instructions on how to dispute or correct information in your background check, go to the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, beginning on PG. 915.
If a private background check company does any of the following actions, it has broken the law and violated your legal rights:
Generally, if you believe that a background check company has violated the law in conducting a background check on you, you can take the following actions:
Contact the background check company [1941] —First, you can contact the background check company directly to demand that it complies with the law. This is especially important because most violations by background check companies involve the nature of the information that the agency has provided. Contacting the agency directly is the quickest and most efficient way to clear harmful information from your background check.
Report the background check company to the Attorney General —If contacting the background check company directly does not solve the problem, you can report the agency to the California Attorney General. The Attorney General will investigate your claim and try to resolve it. You can report your claim by calling the Attorney General’s Office of Public Inquiry Unit at (916) 322-3360 or toll free at 1-800-952-5225. You can also send a written complaint to: Attorney General's Office, California Department of Justice, Attn: Public Inquiry Unit, P.O. Box 944255, Sacramento, CA 94244-2550
Report the background check company to the FTC — If the background check company has violated federal background check laws, you can report the background check company directly to the Federal Trade Commission (FTC). The FTC has the authority to force background check companies to comply with background check laws [1942] by requesting a court order to stop the agency from violating the law, or by filing a lawsuit against the agency. To file a complaint with the FTC, call the agency directly at 1-877-382-4357. [1943]
This section will explain the laws on how employers can (and can’t) use your criminal history to make employment decisions, and what you can do if you think an employer has illegally discriminated against you.
In general, the law says that employers should only consider your criminal history if it directly relates to your ability to do the job, and cannot use your criminal record to discriminate based on your race, color, religion, sex, or national origin. However, there is often a gap between what the law says on paper—about your rights as a job applicant or employee, and about the employer’s duties to treat you fairly—and how employers act in real life. It can also be difficult to prove that an employer has illegally discriminated against you, which can make it difficult to enforce your rights. But it is IMPORTANT for you to know what your rights are on paper, and know how to spot illegal discrimination and protect yourself from illegal practices as much as possible.
In a few situations, yes, but usually, NO. There are some laws that protect applicants from this type of employment discrimination. While employers can legally consider convictions that might impact your ability to do the duties of the job safely and adequately, there are civil rights laws that make it illegal for employers to treat you differently from other applicants or employees based on your race, sex, religion, national origin, and other protected characteristics (called “protected classes”).
While it is sometimes legal for an employer to not hire or fire you because of your criminal record, an employer’s hiring policy is more likely to be illegal if they have a complete ban (called a “blanket ban”) on job applicants with records. By law, the correct and legal practice is for the employer to consider the individual circumstances of the person applying for the job and the job itself . [1947]
In most cases, it is illegal for an employer to have a complete or “blanket” ban on applicants with criminal records because these kinds of bans cause greater harm to Black and Latino applicants (“protected classes”) under a federal civil rights law known as “Title VII” (this law is explained in more detail in Appendix J, PG. 631) [1948] Because Blacks and Latinos are incarcerated at dramatically higher rates than people of other races in the United States, [1949] excluding applicants with criminal records is likely to have a greater impact on these protected classes. By law then, a “blanket ban” is only legal if the employer can show that the ban is “job related” and “consistent with business necessity” —meaning that your conviction affects your ability to do specific duties of the job, and the ban is necessary for the good of the business. [1950]
If an employer chooses not to hire individuals based solely on their records, the employer must be able to show that that this is necessary to ensure safe and efficient job performance for the position in question. [1951] In doing so, and employer must show that they evaluated the applicant’s ability to perform the duties of the job and whether any past conviction(s) would pose an unreasonable risk of harm, based on the specific requirements and responsibilities of the position. [1952] Of course, these laws still give the employer a lot of discretion and room to discriminate, but they require the employer to do individualized analysis of each job applicant.
Sometimes the employer’s job posting, employment application, written policy, or some other part of the application process will show that the employer does not hire or employ people with criminal records. The policy may apply to all convictions, certain types of convictions (e.g., all felonies, or all theft offenses), and/or for convictions that occurred during a certain period of time (e.g., within the past 7 years). Or the policy may not be written down anywhere, but the employer says that they do not hire people with (certain) criminal records, or the employer’s hiring practices over time show that they always reject applicants with (certain) conviction records. These are all examples of complete bans—and are likely illegal because of their effect on minority, protected groups.
IMPORTANT: IF YOU SEE SOMETHING, YOU CAN SAY SOMETHING!This section explains the civil rights laws that protect people with criminal records against discrimination by employers. However, there is often a gap between what the law says employers SHOULD do, and what employers ACTUALLY do. The courts are still figuring out how civil rights laws protect people with criminal records in different situations, because many of the cases on this subject are new. For this reason, it’s important that you talk to a lawyer and/or contact the appropriate government-run civil rights protection agency if you think an employer has violated your rights. You won’t just be protecting your own rights—you’ll be standing up for the rights of all people with criminal records to be free from employment discrimination!
The laws that give applicants with records some protection are (1) the federal civil rights law called “Title VII,” (2) the federal Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on Title VII, [1953] and (3) California state laws that are very similar to these federal laws. [1954] Learn more about these laws in the Appendix J, PG. 631 and Appendix K, PG. 632.
Under these civil rights laws, an employer CANNOT have a “blanket ban” policy that permanently excludes anyone and everyone with a criminal record. Instead, the employer’s hiring policy should only exclude convictions that are “job related for the position” and “consistent with business necessity.” This means that the employer should look at a number of factors when considering the convictions, such as:
For a more detailed description of how employers should look at these factors, keep reading the rules below.
“Protected classes” are groups of people that have historically experienced discrimination, and therefore are specifically protected by civil rights and anti-discrimination laws—for example, African Americans, women, immigrants, LGBTQI individuals, and people with disabilities. The specific characteristic that makes someone part of a protected class—for example, their race, sex, national origin, sexual orientation or gender identity, and/or disability status. Under the law, it is illegal to discriminate against someone based on a protected characteristic. However, it is generally NOT illegal to discriminate against someone for some other reason that is NOT protected (for example, the color of their shirt).IMPORTANT: Having a criminal record is NOT considered a protected class under the law. However, discriminating against people with criminal records can still be illegal in many situations because it has a much greater effect on Blacks and Latinos. Also, it is illegal for an employer to treat people with similar records in a different manner, based on any protected characteristics. For more information about different kinds of discrimination based on criminal record, see PG. 587 below.What groups are “protected classes” under the law? Under federal law, it is illegal to discriminate against someone for any of the following reasons:
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Under California law , it is illegal to discriminate against someone for any of the following reasons:
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In other words, California law protects all of the same characteristics as federal law, plus additional characteristics (marked with a *star*) that are NOT protected by federal law.
Maybe. If an employment policy excludes ALL applicants who committed a certain crime (for example, theft), the employer must show that anyone who committed that crime can’t do the job properly or creates too much risk of harm in the position. [1956]
Under the law, an employer SHOULD evaluate you as an individual, and should consider the circumstances of your criminal history, as well as any progress that you have made since the offense.
To conduct an individual assessment of you as a job applicant/ employee, the employer should abide by these rules: [1957]
When applying for jobs, keep these individual factors in mind. Highlight the positive elements in your application and history so that employers are more likely to consider and weigh them favorably. Don’t lie about your background, but you can explain how it has made you a better person and worker. For more information about how to talk about your record, see Appendix D, PG. 617, “How to Present your Best Self: Tips for Success in Job Interview.”
If you believe that there is an illegal ban in place, it is important for you to gather all of your job application materials and other (detailed) evidence that supports your claim. You can also contact an employment attorney or agency that protects employees from discrimination. See the “Helpful Hint” box on PG. 594 above for how to contact one. The following evidence can help you to show that the employer has a policy of rejecting applicants with (certain) criminal records:
IMPORTANT: In real life, discrimination based on your criminal record doesn’t always happen alone—it may also happen in combination with racial discrimination or other illegal discrimination based on your protected class. For example, if an employer decides not to hire you due to your criminal record AND your race, this would be ILLEGAL racial discrimination.
No. Sometimes there is racism (or other discrimination against a protected class) in addition to discrimination based on criminal history. This happens when an employer weighs your criminal history more heavily or negatively because of your race, color, religion, sex, sexual orientation, national origin, or other protected class. This is absolutely illegal, but needs to be proven. The next question will explain what to do and how you may be able to prove that an employer used your criminal record to discriminate against you based on your race, color, religion, sex, sexual orientation, national origin, or other protected class.
Remember: Race, color, religion, sex, sexual orientation, and national origin are all protected classes—meaning they are illegal reasons to discriminate against someone. For more information, and a complete list of all protected classes, see PG. 585 above.
If you believe that your criminal history was treated more harshly than someone else’s similar criminal history because of your race, color, religion, sex, sexual orientation, nation origin, etc., it is important for you to gather all the evidence that supports your claim, especially any information showing that the employer treated you differently than someone else with a similar record.
You can also contact an employment attorney or organization that specializes in protecting employees from discrimination. See PG. 594 for how to contact someone.
The following evidence helps show an employer discriminated against you by treating your criminal record differently because of your race, sex, religion, national origin, or other protected characteristic:
Most likely, no. There are no legal protections from employment discrimination based on an employee’s visible tattoos. Both California state and federal employment discrimination laws specify certain “protected classes” such as gender, religion, race, and sexual orientation. Neither California nor federal law, however, protect against discrimination based on an applicant’s visible tattoos. Therefore, employers can legally deny you employment based on your tattoos.
HOWEVER, there have been cases of people bringing employment discrimination claims involving tattoos, when they are protected by one of the specified classes. For example, courts have found protections for religious tattoos, as “religion” is a protected class. [1961] Plaintiffs have also been successful bringing claims based on gender discrimination, when employers take adverse action against men with tattoos, but not women. [1962]
If you think that an employer has illegally discriminated against you either because of a complete ban against people with criminal records or by treating your record negatively because of your race, sex, religion, or national origin, etc., you can report the employer to the EEOC or DFEH. (The EEOC and DFEH are the government agencies responsible for enforcing certain civil rights and anti-discrimination laws.)
You may want to talk to a legal aid lawyer or plaintiff’s-side employment layer about your situation. You have to file a complaint with the EEOC or DFEH before you are allowed to file a lawsuit in court against the employer, and a lawyer can help you with this process. IT is recommended you contact the EEOC or DFEH immediately, and reach out to lawyers who can advise you. For more information about finding a lawyer, see PG. 594. For more information about filing a lawsuit, see PG. 590.
In California, you only have 300 days (10 months) to report employment discrimination to the EEOC, or 1 year to report discrimination to the DFEH. [1965]
If you decide to file a claim, you can contact the EEOC in person or by mail to report the employment discrimination and file a complaint.
You can contact the DFEH by mail, by phone, or online to report the discrimination and file a “Pre-Complaint Inquiry”:
Once you file a complaint with the EEOC and/or the DFEH, you have two options:
For more information on how to file a complaint with the EEOC or the DFEH and a summary of the complaint process, see PG. 590 below. For a complete description of the EEOC and DFEH complaint processes, see Appendix O, PG. 636 (EEOC Complaint Process), and Appendix P, PG. 638 (DFEH Complaint Process). For more information about the process of filing a lawsuit in court, see PG. 593.
There are limits on the amount of compensatory and punitive damages a person can recover. These limits depend on the size of the employer:
42 U.S.C. § 1981a(b)(3)
The types of remedies that might be available to you will depend upon what the employer did (the “discriminatory action”) and how it affected you. For example, if an employer refused to hire you for an illegally discriminatory reason, the remedy may include hiring you for the job or giving you any back pay or benefits that you would have received if you had been hired. If you filed a lawsuit in court, you may also get back any money you spent on attorney's fees, expert witness fees, and court costs. [1968]
You also may be awarded “compensatory” or “punitive damages.” For intentional cases of discrimination based on a person's race, color, national origin, sex (including pregnancy), religion, disability, or genetic information, compensatory and punitive damages may be awarded. Note: punitive and compensatory damages are rare, and should never be expected.
In addition, the employer may be required to stop any discriminatory practices immediately and take steps to make sure not to discriminate again in the future. For example, if the employer had a blanket ban on hiring people with criminal records, they would have to change this policy and remove any language on the job application that says people with convictions will not be hired.
The EEOC is the federal civil rights agency that enforces federal civil rights law. The DFEH is the state civil rights agency that enforces California civil rights law.
Federal and state civil rights laws are very similar. This means that in most cases, you can file a discrimination complaint with either the EEOC or the DFEH. Once you file a complaint with one agency, that agency will investigate your complaint and will ALSO send a copy of your complaint to the other agency. [1969]
This is called “dual filing,” but it is NOT something that you need to worry or about. Once you file a complaint with either the EEOC or DFEH, the agencies will take care of filing it with the other agency on its own, and you will not need to do anything else. However, there are certain situations where it is better to file with one agency than the other.
THIS CHART EXPLAINS SOME SITUATIONS WHERE IT IS BE BETTER TO FILE WITH ONE AGENCY (USUALLY THE DFEH). [1970]
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SITUATION |
EXPLANATION |
BETTER AGENCY |
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How many employees work for the employer? |
EEOC only accepts complaints if the employer has 15 or more employees. [1971] DFEH accepts complaints if the employer has 5 or more employees. [1972] |
If the employer has 15 or more employees, you can file with either EEOC or DFEH. If employer has fewer than 15 (but at least 5) employees, you should file with the DFEH. |
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How long ago did the discrimination occur? |
You have 300 days (approximately 10 months) to file a complaint with EEOC. [1973] You have 1 year to file a complaint with DFEH. [1974] |
If it has been less than 300 days since the discrimination occurred, you can file with either EEOC or DFEH. If it has been more than 300 days (but less than 1 year) since the discrimination occurred, you should file with the DFEH. |
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What type of discrimination occurred? |
In most cases, EEOC and DFEH cover the same types of discrimination. However, in a few cases, DFEH covers more types of discrimination—such as sexual orientation or gender identity, marital status, medical condition, military/veteran status, victims of domestic violence, political affiliation, etc. [1975] |
If the type of discrimination you suffered is covered by both agencies, you can file with either. However, if you were discriminated against based on a characteristic only covered by DFEH, then you should file with DFEH. |
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What kinds of remedies can I get? |
In general, the remedies are similar between the EEOC and DFEH. [1976] |
In general, you can get the same types of remedies whether you file with EEOC or DFEH. In some cases, the amount of damages you can get, or what you have to prove, may be slightly different. However, this is very complicated, so you should talk to a lawyer or a representative from the EEOC or DFEH if you are concerned about these differences. |
If your complaint was not filed within the time limit, or if the EEOC decides that your situation is not covered by Title VII, the EEOC will dismiss your complaint (close your case) right away. The EEOC may also dismiss your complaint right away if it decides that it probably will not be able to prove discrimination. If your charge is dismissed, you will be notified. Important: Even if the EEOC dismisses your complaint, you may still be able to file a complaint with the DFEH for the same discrimination.
In Person:
Contact the local EEOC office near you to report the discrimination and make an appointment. Some EEOC offices may also have walk-in times when you can file a complaint without an appointment. Check with the local office to find out if this is available. (For a list of local EEOC offices and contact information, see Appendix L, PG. 633.)
When you go to the EEOC office, bring any information or papers that are related to your situation. For example, you might bring a copy of the job posting or application, any letters or documents you received from the employer, notes that you took about discriminatory statements made by the employer, or a list of other people who know about what happened. You can also bring anyone you want to come with you, such as a friend, translator, or anyone else to provide assistance or support.
At the EEOC office, you will meet with an EEOC representative and complete a questionnaire to provide information about the job discrimination you experienced. The representative will ask you for details about your experience, the employer, and when and where the discrimination occurred, and will decide whether Title VII covers your situation. If so, the EEOC representative will explain the process for filing a formal complaint, called a "Charge of Discrimination," and will help you to write up and file the complaint if you want to go forward. (If Title VII does not cover your situation, the EEOC will give you information about where you can go for help, but you will not be able to file an EEOC complaint.) [1977]
By Mail:
You can file a complaint by writing a letter to the EEOC that includes the following information:
You can mail your letter or deliver it in person to the nearest EEOC office. The EEOC will contact you if they need more information about your situation and may send you a questionnaire to fill out and return. Afterward, they will put all your information into an official EEOC complaint (“charge”) form, and will contact you so that you can sign the form. [1980]
Note: You can also call the EEOC at 1-800-669-4000 to start the process, but you will still have to go through the steps above to file a formal written complaint. [1981]
This is a brief summary of what happens after you file a complaint. For a complete description of each step, see Appendix O, PG. 636.
Within 10 days, the EEOC will send a notice and a copy of the charge to the employer. The EEOC may ask both you and the employer to agree to participate in mediation, which is an informal way of trying to resolve the problem instead of filing a lawsuit.
If your case is not sent to mediation, or if mediation doesn’t resolve the problem, the EEOC will ask the employer to respond (submit a written answer) to the charges, and answer any questions that the EEOC has about your complaint. Then your complaint will be given to an EEOC investigator for investigation. [1982]
How the EEOC investigates a complaint depends on the specific facts of your case and the kinds of information that will be helpful. In some cases, an EEOC representative may visit the employer, interview other employees or witnesses, and gather documents. The EEOC may also interview you again, or ask you for more documents or information. It’s very important to cooperate and keep in touch with the EEOC!
After the investigation is completed, the EEOC will issue a decision to let you and the employer know the results. The decision will say either:
Depending on what the EEOC decision says, these are your options:
For more information about each of these steps, see Appendix O, PG. 636.
Even though you can’t go straight to court, you can still talk to a legal aid or employment attorney, or non-profit employment advocacy organization to get advice about your situation. When doing so, you should ALSO contact the EEOC or DFEH right away, so that you can get your complaint filed on time (and then request a Right-to-Sue if you still want to go to court).
The process for filing a complaint with the DFEH is almost the same as filing a complaint with the EEOC. For a complete description of how to file a complaint with the DFEH, and what happens after you do, see Appendix P, PG. 638.
Federal and state law both require you to file an employment discrimination complaint with the EEOC or DFEH first. This is called “exhausting your administrative remedies.” However, once you file your complaint, you can choose to file a lawsuit against the employer instead of asking the EEOC (or DFEH) to investigate and resolve your complaint. [1984]
If you want to file a lawsuit right away, you must ask the EEOC for a Right-to-Sue notice, which is a legal document that allows you to file a lawsuit in court on your own. However, you generally have to give the EEOC 180 days to investigate your complaint first.
To request a Right-to-Sue notice, send a written letter to the local EEOC office that is handling your complaint. Once you get the Right-to-Sue notice, you only have 90 days to file your lawsuit in court.
IMPORTANT: Once you get the Right-to-Sue notice, the EEOC will dismiss your complaint and will not do anything more to investigate or resolve your case. So if you want the EEOC to continue to help with your case, DON’T request a Right-to-Sue notice. [1986]
The process for requesting a DFEH Right-to-Sue notice is very similar. For more information on how to request a Right-to-Sue from the DFEH, see http://www.dfeh.ca.gov/res/docs/Complaints/Right%20to%20Sue%20form%20(3%20pages).pdf .
For more information about finding a legal aid or employment attorney, or non-profit advocacy organization, see PG. 594. For more information about filing a lawsuit, see PG. 593.
If you believe you have been illegally discriminated against in an employment or hiring decision due to your criminal record (or because of your race, gender, religion, disability, etc.), there may be legal help for you. On PG. 594, read the “Helpful Hint” box to learn about legal aid and employment attorneys; government-run civil rights agencies; and non-profit organizations that may be able to provide you with legal information or representation on your employment discrimination claim.
If you think an employer has illegally discriminated against you the law, you may want to contact an attorney who can help you decide what to do next. There are 3 types of people who may be able help you:
Legal aid attorneys provide FREE legal assistance to people who cannot afford to hire a lawyer (like a public defender, but for lawsuits and other civil legal cases). Many private employment attorneys only charge fees if you win or settle a case, so you may not have to pay anything out-of-pocket UNLESS you win money from the employer. To find a local legal aid attorney or employment attorney in your area:
There are 2 government agencies responsible for enforcing your rights against illegal discrimination by employers. Because federal and state law are very similar, you can generally ask either agency to enforce your rights if you think an employer has illegally discriminated against you. For more information about how to report discrimination and file a complaint with the EEOC and DFEH, read the next section, starting on PG. 594.
You can also contact a non-profit organization that helps people who have been discriminated against by employers based on their criminal record:
Sometimes. There are certain situations when having certain types of convictions on your record could or will disqualify you from getting certain types of jobs. It is important that you know about these situations beforehand, so that you can realistically set your sights on jobs that you can have.
Although this list is incomplete, below are some examples of jobs that have legal restrictions for people with certain convictions. In general, these are jobs where you would have access to private or sensitive information (like financial records); vulnerable people (like children or the elderly), or high-security places, where there might be a greater risk of harm to the public.
NOTE: Most of the time, if an employer cannot hire a person with a record for certain types of job positions, the employer may still be able to hire that person for other positions. If an employer says that they cannot hire you for a job based on your criminal record, you should ask whether there are any other positions available that you could take instead.
It depends. Each of these jobs has very specific rules about what convictions will disqualify you, and whether and how you can become eligible for them again. It will depend on the specific laws, regulations, and other rules that apply to that type of work. [1997] It is recommended that you ask a lawyer to review your RAP sheet and explain how your convictions may affect your ability to get the job you want. See PG. 594 for information on how to contact a lawyer.
Many people with criminal records CAN and DO get professional and occupational licenses to work in the jobs of their choice. If you want to work in a job that requires a license, don’t be discouraged! Although it can be harder to get a license with a criminal record, this section will help you to understand your rights and how to increase your chances of getting the license you want!
If you are thinking of applying for a professional/occupational license, you should talk to an attorney or reentry program counselor for advice and assistance. They can help you to better understand the specific barriers and opportunities you may have, depending on your record and the type of license you want.
In California, people who work in certain jobs are required to get a license from the state to do so. There are over 200 professions in California that require a professional or occupational license—ranging from barbers and cosmetologists, to security guards, contractors, teachers, nurses, doctors and lawyers. Professional and occupational licenses are granted and regulated by different licensing boards, agencies, and bureaus (over 40 in total, each for a different industry), all under the control of the California Department of Consumer Affairs (DCA). [1998]
Applying for a professional or occupational license generally requires submitting fingerprints, paying application fees, and proving that you meet certain educational and/or work experience requirements, which are set by the particular licensing board to which you’re applying. [1999]
There are over 200 kinds of jobs in California that require a professional or occupational license. Here is a list of just a few of the most common ones:
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To find out whether the specific job you want requires a professional or occupational license, contact the Department of Consumer Affairs (DCA) at (800) 952-5210. You can also ask the DCA for information on how to contact the specific licensing board that oversees that profession. To learn more about specific licensing requirements for the job you want, you will need to contact the licensing board that oversees that profession.
It depends on what type of license you are trying to get, what conviction(s) you have on your record, and what rehabilitation efforts you have participated in.
Some professional/occupational licenses have extremely strict rules about criminal records, while other types of licenses are more lenient. It is best to check with the licensing board for the profession you want to enter to find out its current criteria.
Professional and occupational licenses are often denied due to past convictions, but don’t be discouraged! You can appeal a denial and advocate for yourself on appeal. There are also legal aid and reentry attorneys who may be able to help you appeal!
Submit a Pre-Approval Application When Possible The Board of Barbering & Cosmetology has a special early application process for people with criminal convictions who want to apply for a license. You can submit an initial application and find out ahead of time whether you will be able to get a license, before you go through any training or pay any fees. Note : You will still have to complete all of the training and examination requirements, in order to get your actual license.
When you apply for a professional license, the licensing board can see your entire record—including convictions that have been “expunged.” (Note: Regular employers generally CANNOT see expunged convictions—but licensing boards are different.) However, the board cannot deny your licenses based ONLY on the fact that you have a conviction. [2000]
Beyond criminal history information, licensing boards MUST also consider mitigating and rehabilitative evidence . Mitigating evidence is information that would make the board judge a conviction less harshly, and could be information like youth, drug addiction, duress, or other factors that were going on at the time of the offense. Rehabiliative evidence is proof of your efforts to change and improve yourself, demonstrating that you are no longer at risk of the conduct or circumstances that led to your past system involvement. You can submit this evidence at the time of your application, and on appeal.
The licensing board can deny your application for a license based on a criminal conviction, but ONLY if your conviction is “substantially related to the qualifications, functions, or duties of the business or profession.” [2001] This legal standard means that the type of conduct you were convicted for—for example, theft, selling drugs, violence, or fraud—creates a high risk of harm, or otherwise prevents you from safely completing the specific tasks and responsibilities of the job that you want a license for. For example, a conviction for drug distribution might be considered “substantially related” to a pharmacist license, since pharmacists have access to lots of drugs and are responsibility for safely providing drugs to other people. [2002]
PLEASE NOTE: Some crimes, such as those involving physical violence or fraud, dishonesty and deceit, are presumed to be “substantially related” to any profession regulated by the California Business & Profession Code (including medical, law, construction, and real estate licenses). [2003]
In addition to actual convictions, a licensing board is also allowed to consider “any act involving dishonesty, fraud, or deceit” that you have done “with the intent to substantially benefit” yourself or someone else, or “substantially injure another.” However, as with convictions, the act must also be “substantially related” to the qualifications, functions, or duties of the job. [2004]
Even if the licensing board determines that your conviction is “substantially related” to the qualifications of your chosen profession, California law requires that the board also consider any evidence of rehabilitation or other positive factors that you present. Each licensing board must create its own criteria to evaluate your rehabilitation efforts. [2005]
Although each board is different, most focus on the following rehabilitative factors: the amount of time that has passed since your conviction; whether you successfully completed parole or probation; whether you have shown remorse; your change in attitude; alcohol or drug counseling;your pursuit of education or vocational training;the stability of your family life; and your community involvement. [2006]
In addition:
Many people are able to learn new job skills or complete professional license requirements while incarcerated. In the past, licensing boards were allowed to delay or deny your license application just because you had completed the licensing requirements while incarcerated. But now, a new California law makes it illegal for a licensing board to delay or deny your license based solely on the fact that you completed some or all of the licensure requirements while incarcerated. [2008] If you otherwise qualify for the license, it no longer matters that you were incarcerated when you prepared for it. IMPORTANT: The new law does NOT change any other rules about whether you can get a license. A licensing board CAN still deny you a license based on your conviction, if they determine that the conviction is “substantially related” to the qualifications and duties of the job. Also, the law does NOT change any rules about when you can apply and whether you can apply while you’re still incarcerated.
It depends. Each licensing board has different rules. Some require you to wait a certain amount of time after your conviction or release before you can be eligible. [2009] Most boards will also consider the amount of time that has passed since your conviction, and may give more weight to time after you were released or once you were off supervision. [2010] For this reason, even if you are not required to wait, you may be more successful after release.’
If you are incarcerated at Valley State Prison, California Women’s Institute, or Central California Women’s Facility (Chowchilla), there is a special program that can help you to get your cosmetology license while you’re incarcerated. You can complete your training school AND take the licensing examination in these facilities—meaning it is possible to already have your license in hand by the time you’re released.IMPORTANT: This program does NOT stop the licensing board from considering your criminal conviction, and does NOT change any of the other qualifications to get your license. In other words, the licensing board can still deny you a license if the board decides that your conviction is substantially related to the duties and responsibilities of a cosmetologist.
Possibly—it depends on which licensing board you apply to. Some boards are allowed to issue “probationary licenses”—which are licenses with certain restrictions or conditions—to people with criminal records who might not be approved for a full license. [2011]
You can appeal your denial! Many applications are denied because of past convictions , but are successful on appeal. There are also some legal aid attorneys and clinics that may be able to help you appeal (see a list of legal aid organizaitons on PG. 1075). Generally, you have the right to appeal the board’s denial and have an administrative hearing before a neutral administrative law judge . [2012] At the hearing, you have the right to present evidence of your rehabilitation and argue your case for why you deserve a license. [2013] For a general overview of what the appeals process is like, see Appendix Q, PG. 640.
If you previously had a professional license, your license may have been revoked (permanently taken away) or suspended (temporarily taken away) because of your criminal conviction. [2014] In this case, you generally have the right to ask the licensing board to reinstate (re-issue) your license to you, or to reduce your penalty and return your license sooner. [2015] To do this, you must first wait at least 1 year from the date your license was taken away, and then submit special forms (a petition) and other documents to the licensing board. [2016] Each licensing board may also have different or additional requirements, such as completing your term of probation or parole first, before you can ask for your license to be returned. [2017] (Note: Although you can apply to have your license reinstated while you are still incarcerated, you are unlikely to be successful if you apply while you’re still inside.) [2018]
The licensing board will give you a chance to present your reasons for why your license should be returned or reissued. This may be during a hearing, or by sending in a written statement. The Attorney General will also have a chance to argue for why your license should not be returned. [2019]
In order to get your license back, you will generally need to prove that you have been rehabilitated since your offense [2020] —particularly since you were released from prison or jail. [2021] This means showing that you have changed your life for the better, taken steps to improve yourself and correct previous bad habits, and successfully completed the requirements of your sentence. The board may also consider the nature and severity of the offense, how much time has passed since the conviction, whether the conviction has been dismissed, any other convictions on your record, and letters of recommendation or good character from people who know you. [2022]
There are some non-profit organizations that may be able to help if your license has been denied or taken away due to a criminal conviction. These are just a few examples of organizations that can help, but there may be others in your area:
The California Department of Consumer Affairs (DCA) oversees all of the licensing boards and bureaus in California. For a list of licensing boards and links to more information about each one—including requirements and disciplinary rules for each—visit the DCA’s website at http://www.dca.ca.gov/about_dca/entities.shtml . For a list of licensing boards and their contact information, go to http://www.dca.ca.gov/publications/dca_booklet.pdf . For links to each of the licensing boards, go to http://www.dca.ca.gov/about_dca/entities.shtml .
Throughout your job search, keep in mind that traditional employment is NOT your only option. There are many other ways of working and earning legitimate income—like starting your own business, joining a worker-run cooperative business, or going through a temp agency—and you may decide that one of these is better for you.
Talk to a trusted person, or someone from a local reentry or workforce development program, for other ideas about alternative work opportunities that may be available.
This section will explain some of the alternatives to traditional employment that you may want to consider:
Some people find it more fulfilling and empowering to be their own boss. Self-employment can give you more control over the type of work you do, freedom and flexibility to make your own decisions, and greater responsibility within the workplace. It also gives you more legal and business responsibilities, such as managing money and product, paying taxes, marketing your business and supervising employees.
There are many resources available for people who want to start a business—good places to start are your local library, the Internet, or classes at a local community college or adult school. Also, many non-profit organizations and government agencies now offer this support. If you think that self-employment may be a good option for you, you can find a list of organizations and resources for starting your own business in Appendix R, PG. 642. IMPORTANT NOTE: if you are currently incarcerated, you need permission from the warden to operate a business.
Being an independent contractor is a form of self-employment somewhere between being an employee and running your own business. Employers usually hire independent contractors to do specific tasks or short-term jobs—like painting a house, installing plumbing, or doing landscaping work. The job usually ends automatically once the task is finished, although the employer can always hire the independent contractor again for another task.
The BIG difference between independent contractors and employees is that, under the law, independent contractors are considered to be self-employed. This means that independent contractors have more control over the work they choose to do. They also have legal responsibilities—like filing self-employment taxes and reporting certain business information to the government—and fewer legal rights in the workplace. On the other hand, employees have more legal rights and protections in the workplace, but the employer gets to control the work they do.
KNOW YOUR RIGHTS: Am I an independent contractor or employee? In some cases, an employer may call you an independent contractor, even though you are ACTUALLY an employee. The difference between an employee and an independent contractor is important, because you have more rights (and the employer has more responsibilities) if you are an employee; and you have fewer rights (and the employer has fewer responsibilities) if you are an independent contractor.Sometimes an employer will get this wrong by accident, but other times an employer may misclassify you on purpose in order to avoid fulfilling their legal duties. According to the law, whether you are an employee or an independent contractor depends on the specific details of your work situation—NOT on what the employer calls you. For this reason, it’s important that you know the difference so that you don’t get taken advantage of! For more information on the difference between independent contractors and employees, and your rights and responsibilities in each situation, see the Appendix S, PG. 643.
The California Division of Labor Standards Enforcement (DLSE) is the state agency responsible for enforcing your rights in the workplace. If you think an employer has violated your rights as an employee, wrongly classified you as an independent contractor, and/or for more information, you can contact your local DLSE office and speak with Deputy Labor Commissioner. To find a local DLSE office near you, go to http://www.dir.ca.gov/dlse/DistrictOffices.htm or call 1-844-LABOR-DIR (1-844-522-6734) for assistance.For more information about your rights in the workplace, contact The Legal Aid Society—Employment Law Center’s Workers Rights Clinic at 415-864-8208 (San Francisco Bay Area) or 866-864-8208 (toll free in CA). Or contact a local legal aid attorney in your area.For additional information on employees and independent contractors, here are some helpful resources:
A worker cooperative is a business that is owned and controlled by its workers. In other words, the workers are both the employees AND the employer. Usually, workers run the day-to-day operations of the business—such as making business decisions, assigning tasks to each person, etc., as well as the business’s finances. Although each person has a different level of responsibility, all workers are considered to be equal members and have equal power within the business.
Any business can be a worker-owned and controlled cooperative. Worker co-ops have been successful in many different industries. Some examples are:
For more information about worker cooperatives and how to join or start a cooperative near you, here are some helpful resources:
Talk to someone from a local reentry or workforce development program for advice about finding a good temp agency and what to expect.
Temp agencies (also called staffing agencies) help match people who are looking for work with employers who want to hire them. Temp agencies can often help you to find a short-term job or part-time job quickly, which, in some cases, can get your foot in the door for a permanent position in the future. In addition, some temp agencies specifically focus on helping people with criminal records get jobs, and they work with employers who are open to hiring applicants with criminal records.
Another benefit of going through to a temp agency is that once you apply to the agency, they can place you in jobs with many different employers who want to hire. Applying to a temp agency is similar to applying for a job directly with the employer—it will likely include an interview, checking your references, and possibly even doing a background check. The temp agency may also have you take an assessment test to evaluate your work strengths and skills. It still can be easier to apply through a temp agency rather than an employer, because most agencies always want to increase their pool of employees to choose from, and employers often prefer to hire temp workers because it’s cheaper.
If you’re interested in applying to a temp agency, here are some things to keep in mind:
For more information about applying for jobs through a temp agency, here are some resources:
Some employers will give you the opportunity to prove yourself by starting work in a short-term, part-time, or temporary position, or for a test period. This gives you a chance to show the employer that you are a hard worker, and that you can work safely and responsibly. It may help get your foot in the door for a more permanent job afterward. If you do well during the testing period, you can ask the employer to consider hiring you for a permanent or full-time job, or to keep you in mind if a permanent job opens up in the future.
If you’re participating in a workforce development program or have enrolled at an America’s Job Center, you can also ask whether they have any special programs that let you get paid for doing on-the-job training or getting work experience with an employer. These programs are great because they help you to develop your job skills, get training, and practice working for an employer—and get paid at the same time! In addition, these programs can sometimes turn into longer-term employment afterward, because an employer may be more willing to hire you once you prove yourself in training. [2023]
This section will explain the laws that protect workers (including job applicants and employees) with disabilities against employment discrimination. It will explain what types of disabilities are protected against discrimination, what your rights are if you have a disability, and what you can do if an employer violates your rights or discriminates against you based on your disability.
If you think an employer has illegally discriminated against you based on your disability, a lawyer could help you decide what your legal options are. There are 3 types of resources that may be able help you: (1) Legal aid or employment attorney: Legal aid attorneys provide FREE legal assistance to people who cannot afford to hire a lawyer (like a public defender, but for lawsuits and other civil legal cases). Many private employment attorneys only charge fees if you win or settle a case, so you may not have to pay anything out-of-pocket UNLESS you win money from the employer. To find a local legal aid attorney or employment attorney in your area:
You can also contact a non-profit organization that helps people who have been discriminated against by employers based on their disability:
Resource list continues on next page. (2) Government civil rights agencies There are 2 government agencies responsible for enforcing your rights against illegal discrimination by employers. Because federal and state law are very similar, you can generally ask either agency to enforce your rights if you think an employer has illegally discriminated against you. For more information about how to report discrimination and file a complaint with the EEOC and DFEH, see PG. 607.
Under
California law, “major life activity” means those activities that are of central importance to daily life. Under California law, major life activities include any physical, mental, and social activities, and working. Examples of these activities include taking care of yourself, performing manual tasks, seeing, hearing, walking, learning, and working.
California law defines a disability as any physical or mental impairment that limits one or more of your major life activities (such as walking, talking, working, or taking care of yourself). [2024]
A physical impairment is any disease, physical disorder, physical condition, or disfigurement that:
A mental impairment is any mental or psychological condition that limits a major life activity. Examples of mental impairments are:
IMPORTANT: Disabilities based on substance abuse Under state and federal law, the following conditions are considered disabilities that are protected against discrimination:
If you were or currently are affected by either of these conditions, you are protected against discrimination based on your condition, and employers are required to make “reasonable accommodations” for your condition.
State and federal laws provide special protections for job applicants and employees with disabilities. These laws require employers to make “reasonable accommodations” that allow someone with a disability to apply for and work in a job just like anyone else.
And remember, physical disabilities are not the only disabilities that are recognized. California mployers are required to make “reasonable accommodations” for you if you have any of the following recognized disabilities: past drug addiction (NOT current drug use); [2030] alcoholism (past or present), [2031] or mental illness .
If you can show that your disability caused your conviction, you may be able to ask an employer to make “reasonable accommodations” for your situation—for example, by making an exception to a policy against hiring people with your type of conviction, or by considering your criminal record under an easier standard. At least 2 federal courts have agreed that employers can be required to provide reasonably accommodations for employees whose workplace violations were caused by prior substance abuse, after the employees had later completed rehab programs. See more examples of reasonable accommodations during the job search, and when you apply, on PG. 606.
If you have suffered from one of the conditions listed above, it is possible that your criminal conviction(s) may have been the result of your disability—in other words, you committed the offense because of your mental illness or past drug or alcohol addiction.
You can also have someone else talk to the employer for you, to ask for the accommodation you need. In this case, you may want to ask your case manager, social worker, legal aid attorney, or another trusted person who is helping you with your job search, to speak with the employer on your behalf.
You can request any accommodation that is reasonable and necessary so that you can be considered for the job like any other applicant or perform the job like any other employee. Each situation is different, so the type of accommodation you request will depend on your particular circumstances and the type of work or employer involved. These are just a few examples of accommodations you may request:
The employer is not necessarily required to provide the exact accommodation that you ask for—but MUST provide an accommodation that has the same effect. [2032] For example, the employer might be allowed to rearrange your work schedule—rather than give you time off—so that you can attend treatment programs.
EXCEPTIONS: There are 3 situations where an employer is NOT required to provide a reasonable accommodation for your disability: 1) where the accommodation will cause the employer “Undue Hardship,” 2) where the reasonable accommodation would present a “Direct Threat” to the safety of others or property, or 3) where the employer shows that you CANNOT safely perform essential job functions. For more information about these exceptions, see Appendix U, PG. 647
After you request a reasonable accommodation, the employer has to genuinely consider your request, and talk to you about what types of accommodations could help your situation. The employer can also ask you for more information about your disability to help with the decision. An employer CANNOT simply ignore your request OR wait an unreasonable amount of time to respond, hoping that you give up. [2033]
If an employer decides NOT to hire you based on you disability, the employer MUST give you a chance to get a medical opinion about your condition from an independent doctor. If the employer refuses to let you get an independent opinion, it may be violating the law. [2034]
To get a reasonable accommodation for your conviction, you must show two things:
REMEMBER: It may be difficult to prove that your criminal conviction was caused by your drug or alcohol addiction, mental illness, or other disability. It is important that you submit as much evidence as possible! It’s best if you can have a doctor submit a letter confirming that you have a disability and how it affects you.
For more information about requesting a reasonable accommodation, see Appendix U, PG. 647. To see a sample letter requesting a reasonable accommodation, see Appendix V, PG. 648.
BUT REMEMBER: Just because you committed a criminal offense when you were suffering from a mental illness or a past drug addiction does not mean you automatically have the right to a reasonable accommodation on your job application today. It can be very difficult to prove that your disability caused your criminal offense, AND that the disability is the type that qualifies you for a reasonable accommodation. Although these reasonable accommodation requests can be difficult, it can be worth asking for them!Remember, just like with other discrimination complaints, you only have 300 days to file a complaint with the EEOC, or 1 year to file a complaint with the DFEH! For more information about finding a legal aid or employment attorney or non-profit organization, see PG. 594 above. For more information about filing a lawsuit, see PG. 608 below.
If you believe that an employer denied your request for a reasonable accommodation due to your disability and/or your past drug use, you can file a complaint with the Equal Employment Opportunity Commission (federal employment protection agency) or with California’s Department of Fair Employment and Housing (the state employment protection agency). [2036]
The complaint process is the SAME for disability discrimination (an employer’s refusal to provide reasonable accommodations) as for other types of illegal discrimination based on your criminal record (e.g., discrimination based on your race, religion, sex, national origin, etc.). See PG. 590 for more information on filing a discrimination complaint with the EEOC or the DFEH and what to expect.
Even if you want to want to file a lawsuit against the employer, you will still have to file a complaint with the EEOC or DFEH first. (This is just like suing an employer for discrimination based on your criminal record—see PG. 593 above for more information.)
You may also want to talk to a legal aid or plaintiff’s side employment lawyer to get advice about your situation. You will still have to file a complaint with the EEOC or DFEH first, before you are allowed to file a lawsuit in court against the employer. For this reason, it’s important that you contact the EEOC or DFEH immediately, and then you can also talk to a lawyer to help you.
To sue an employer under the federal ADA (FHA), California’s Fair Housing and Employment Act (FEHA), or other state anti-discrimination laws (such as California’s Unruh Civil Rights Act), [2037] you must show that your status as an individual with a disability was a motivating factor in the employer’s decision to deny your reasonable accommodation request. [2038] You must also provide evidence that your disability substantially limited your ability to live a normal life, [2039] that the requested accommodation is reasonable and necessary, and (for a disability related to substance abuse) that you are not currently using illegal drugs. [2040]
Remember, you CANNOT sue an employer in court until AFTER you’ve filed a complaint with the EEOC or DFEH and received a Right-to-Sue notice.
BE PREPARED: You should be prepared for the employer to argue that you do NOT have a protected disability because you are a “current user” of illegal drugs, or that you are not being treated for your mental illness. [2041] You can support your request by providing treatment records showing that you have not used drugs for a significant period of time, or that you are receiving treatment for your mental illness. [2042] You should also provide evidence of your participation in or completion of a drug abuse treatment program, or proof that you receive treatment for your mental illness.
These resource guides provide helpful information about the rights of people suffering from disabilities caused by past drug abuse, alcoholism, mental illness, or other reasons:
See next page.
There are many workforce development programs around California. These are just some of the programs available—there may be others in your area!
If you have had your conviction expunged or pardoned, or you received a Certificate of Rehabilitation, give the employer a copy! Give them to the employer along with your completed job application or during your interview. (Important: Make sure you only give the employer a photocopy and keep the original documents for yourself.)
These include any certificates, diplomas, letters of recommendation, or other documents that show your accomplishments since your conviction, and that you have turned your life around for the better. Here are just some examples of things you can bring:
These tips can help you succeed in job interviews, especially if you have to answer any difficult questions about your criminal record. Here are some suggested steps and tips:
Here are some tips for addressing your criminal record and answering other tough questions during a job interview:
The most important question of all is “Why Should I Hire You?” Remember, the most important thing to show is that you are qualified for the position and that you will benefit the employer’s company if they hire you. You should also be ready to explain why you are interested in the job. Be sure you have all of these answers prepared and practice them beforehand.
IMPORTANT: What if the employer asks an illegal question or asks about something that should not have been included in your background check? See PG. 566 for more information about what you can do in this situation.
Often, employers will give you a chance to ask them questions at the end of an interview, so it’s best to have several questions prepared beforehand. Here are some sample questions you can ask that demonstrate your interest in the position and the company—the answers will make you look better!
If possible, you should try to do a practice (“mock”) interview before the real thing with your case manager, social worker, counselor, or family or friends. Have the other person pretend they’re the employer and ask you interview questions, so that you can practice giving your answers. Remember, even if you have your answers prepared on paper or in your head, things will sound different when you try to say them out loud!
Here are some things to keep in mind when it’s time for the interview:
After the interview, it’s important to follow up—this will help to make sure the employer doesn’t forget about you and shows you’re still interested in the job.
This section explains all the eligibility requirements of the Federal Bonding Program and how to apply for the program.
WHO IS ELIGIBLE FOR THE FEDERAL BONDING PROGRAM?
In order to be eligible for the federal bonding program, you must meet the following requirements:
Have a firm job offer (or be already employed) at a job that is likely to be long-term or permanent. The EDD staff will need to verify that the employer is ready to hire you (or keep you on the job) once you have bonding insurance.
Be qualified for the job position being offered. In other words, the only thing preventing you from getting the job is the lack of insurance.
The position that you are being hired for requires you to be bonded, or you are required to be bonded to remain on the job.
You are not commercially bondable, or could be denied commercial bonding coverage because of an arrest record or imprisonment, history of drug or alcohol abuse, poor credit history, lack of employment history, dishonorable discharge from the military, or other “risk” factors.
You are 18 or older and legally eligible to work in the U.S. You will have to provide proof of your legal status or documentation for authorization to work in the United States.
Are not self-employed or an owner/operator. [2046]
HOW DO I APPLY FOR THE FEDERAL BONDING PROGRAM?
STEP 1: Visit your local EDD Workforce Services location or America’s Job Center of California (formerly One-Stop Career Center). The only document you need to bring is proof of legal status or eligibility to work in the U.S. (see list of employment verification documents, Appendix A, PG. 610) [2047] —you do NOT need to bring any other paperwork. The EDD staff will contact the employer and/or do other research to make sure that you meet all the other eligibility requirements;
STEP 2: The EDD staff person certifies (approves) the bond; and
STEP 3: Your insurance coverage will begin as soon as you begin work. [2048]
Two important things about bonding:
The EDD is here to help you! The EDD wants to make sure that all bonding program participants are successful in their work and are treated equally by employers. If you have any questions or problems about getting bonded, contact the EDD State Bonding Coordinator at 916-654-9309. [2051]
For more information on the government bonding program:
Telephone: 916-654-9309
Mailing Address:
Workforce Services Branch—California EDD
P.O. Box 826880, MIC 50
Sacramento, CA 94280-0001
As of July 1, 2014, state and local agencies can’t ask about your criminal history by any method—verbally (e.g., during an interview), in writing, or on a job application—until after it has decided that you meet the minimum qualifications for the job. [2053]
The STATEWIDE law applies to public employers (meaning California state and local governments and agencies), but not private employers and not federal government agencies. However, LOCAL laws might provide more protection for applicants. See more below.
Certain cities and counties throughout California have passed their own local “Ban the Box” laws. Some of these local laws give more protection to job applicants with criminal records than the state law does. These local laws only protect you if you are applying for a job within that city or county.
The following cities and counties have local “Ban the Box” laws that provide EXTRA protection for applicants with records:
The following cities and counties have local “Ban the Box” laws but they don't provide extra protection for applicants with records:
We will cover two current local laws in this Appendix: (1) the San Francisco Fair Chance Ordinance (SFFCO) and (2) the Richmond Ordinance. These laws are changing quickly, though, so you should regularly check the status of “Ban the Box” laws in your city and county to be sure you are up-to-date on current law.
Summary of California Ban the Box laws—State and Local [2055]
This chart summarizes state and local Ban-the-Box rules, as they apply to both public and private employers.
|
Which employers are covered? |
When can an employer run a background check? |
Does law require individualized consideration using EEOC criteria? |
What are my rights if employer denies my application? |
||||
|
Private |
Gov’t contractors & vendors |
Public |
Only for some positions |
Only after conditional job offer or finalist |
|||
|
California (state law) |
X |
||||||
|
Alameda County |
X |
X |
|||||
|
Berkeley |
X |
X |
X |
X |
|||
|
Carson |
X |
X |
|||||
|
Compton |
X |
X |
X |
X |
|||
|
East Palo Alto |
X |
X |
|||||
|
Los Angeles (city) |
X |
X |
X |
X |
X |
N/C/A* |
|
|
Oakland |
X |
X |
X |
X |
N/C/A* |
||
|
Pasadena |
X |
||||||
|
Richmond |
X |
X |
X |
X |
|||
|
San Francisco (city and county) |
X** |
X** |
X |
X |
X |
N/C/A* |
|
|
Santa Clara County |
X |
X |
|||||
* N/C/A—Notice of intended adverse action before adverse action; Copy of background check report and opportunity to dispute contents or relevance before adverse action; right to Appeal denial of employment.**(Note: San Francisco has separate Ban-the-Box laws for public employers (city and county agencies) and private employers (SF Fair Chance Ordinance). The law for public employers only allows background checks for job position finalists, and requires individualized consideration using EEOC criteria. The law for private employers requires individualized consideration using EEOC criteria, requires employers to give you a copy of the background check report if they intend to take adverse action based on the results, and gives you the right to appeal any denial of employment.)
If you are applying for a job with a company located in or doing business in the City or County of San Francisco, read this Appendix!
It is called San Francisco’s Fair Chance Ordinance (SFFCO). It went into effect on August 13, 2014. [2056]
SFFCO applies to private employers with 20 or more employees [2057] and city contractors and subcontractors [2058] located or doing business in the City and County of San Francisco. It does not matter where the employees are physically located, as long as the employer is located in or doing business in San Francisco.
No. Employers cannot put “blanket bans” (like “no felons” or “no convictions”) in any job ad or solicitation. Ads cannot directly or indirectly express that individuals with a conviction history will not be considered for employment or cannot apply for a position with that employer. The employer MUST:
A private employer in San Francisco may never ask about or consider:
NOTE: All records marked with a * indicate additions to the California state law protections described on PG. 558.
AFTER you are found to be qualified for the job, a live interview has been conducted, or a “conditional offer” of employment has been made, only then can a private employer in San Francisco ask about and consider information from your criminal record—it can only consider the following:
ADDITIONAL REQUIREMENT: If a private employer in San Francisco decides to ask about and consider your conviction history from 0-7 years ago or any pending/unresolved arrests, then the employer must also consider:
PHASE 1: At the beginning of the hiring process, a private employer located or doing business in San Francisco cannot ask about:
PHASE 2: The employer must decide that you meet the minimum qualifications for the job, conduct a live interview, or make a conditional offer of employment before asking about or considering certain information in your criminal record.
PHASE 3: Before a private employer in San Francisco can about your convictions from 0-7 years ago or any unresolved arrests that directly relate to your ability to do the job, it must:
PHASE 4: Only AFTER a private employer in San Francisco has conducted a live interview or made a conditional offer of employment AND has given you all the required notice under federal law, state law, and the SFFCO law, can the employer use information in a background check report, ask about, and consider:
PHASE 5: Before a private employer in San Francisco fires, refuses to hire, chooses not to promote, or takes other action that harms you based on a conviction history from 0-7 years ago or an unresolved arrest, the employer must give the you an opportunity to present evidence that:
Before the employer makes a final decision about any negative action against you, it must:
The employer may take a reasonable amount of time to reconsider your application in light of any additional information you have offered. It is recommended that you use that one-week period to be very proactive in clearing up information in your record, providing evidence of errors or rehabilitation, etc. If the employer still decides not to hire you based on your conviction history and all the information you have provided, it must give you final notice of its decision.
There is no punishment for mistakenly accusing an employer of violating the SFFCO, so long as the mistake was in good faith (meaning you weren’t being malicious or trying to abuse or harass the employer).
You can report the violation to San Francisco’s Office of Labor Standards Enforcement (OSLE), and you have 60 days to do so. Call the OSLE office at (415) 554-5192. You can also email the office at fce@sfgov.org (see the OLSE website at: www.sfgov.org/olse/fco for more information).
No. An employer may not retaliate against you for exercising your legal rights or for cooperating with the Office of Labor Standards Enforcement (OSLE).
First, San Francisco’s OLSE will investigate the employer. Second, if the OLSE finds a violation, it may “order any appropriate relief.” This usually means that the OLSE will give a warning or fine the employer:
Probably not. In general, OLSE will NOT force an employer to hire someone, even if the employer violated the law by rejecting you for the job. However, OLSE has been very successful at resolving violations informally, simply by talking with the employer and applicant. For example, OLSE might ask the employer to reconsider your application, give you the opportunity to apply for another job, or let you submit a new application without prejudice. [2064]
If you are applying to a job with a company located or doing business in the City of Richmond, read this!
It is a law (a city ordinance) that prevents certain types of employers—all contractors and subcontractors getting money from the City of Richmond, with at 10 or more full-time employees—from asking about criminal convictions in the initial job application. [2065]
The Richmond “Ban the Box” law prohibits these types of employers (city-paid contractors and subcontractors) from asking any questions regarding prior criminal convictions on any printed or online employment application forms. The ordinance prohibits employers from making “any inquiry into an applicant’s conviction history.” [2066]
Not exactly. There are exceptions:
Exception 1: The Richmond ordinance does not prohibit employers who are required by state or federal law to conduct background checks from looking into your conviction history. [2067]
Exception 2: The ordinance does not prohibit employers looking to fill “Sensitive Positions” from considering your conviction history. A “Sensitive” position is a position that has one or more of the following job characteristics:
If the employer falls under one of the exceptions, the employer can only conduct a background check after determining you are otherwise qualified for the position AND after extending a conditional offer of employment to you.
An employer can only consider convictions that are “substantially job-related,” and must conduct an individualized assessment, considering: the amount of time that has elapsed since the conviction; and any evidence of rehabilitation or other mitigating circumstances.
If an employer denies you a job because of a substantially job-related conviction, it must: give you a written notice of rejection, including how the conviction is related to the job; and give you the opportunity to correct any mistakes in your record and offer evidence of rehabilitation or other mitigating circumstances.
The most obvious violation of the ordinance is failure to remove all questions regarding criminal history on the initial job application. Although all employers must file a copy of their standard application with the city as part of the formal bidding process, mistakes can happen. If you think a covered employer in Richmond has violated the ordinance, contact the City Manager (Bill Lindsay at the time of publication):
450 Civic Center Plaza, Suite 300
Richmond, CA 94804
Phone: (510) 620-6512
Fax: (510) 620-6542
Employers have 30 days from receiving the notice of a violation to comply with the ordinance. The Richmond City Manager also has the legal authority to fine employers, to suspend or terminate their lease or contract with the city, to deny future leases or contracts, or to order any other legal remedy available.
Employers must give you this document with the Pre-Adverse Action letter before taking any adverse action against you based on the results of your background check.
See next page.
This section will explain Title VII, which is the federal civil rights law that governs employers’ hiring and employment decisions related to your criminal record.
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits discrimination in employment on the basis of a person’s race, color, religion, sex, or national origin. [2068] Title VII protects the rights of employees AND job applicants against discrimination by employers.
Title VII applies to all private and public employers with 15 or more employees. This includes federal, state, and local governments; private and public colleges and universities; employment agencies; and labor organizations (unions). [2069]
Title VII violations can occur in two situations: where there is disparate treatment (unequal treatment) OR where there is disparate impact (unequal impact).
Disparate Treatment Discrimination (Unequal Treatment):
An employer might be engaging in disparate treatment discrimination if they treat you and your criminal history differently than they treat other applicants with similar criminal records, because of your race, color, religion, sex, or national origin. For example, if an employer rejects a Black applicant based on his/her criminal record, but then hires a White applicant with similar qualifications and a similar criminal record, the employer is likely violating Title VII by illegally treating one person’s criminal history more negatively because of his/her race. Similarly, an employer may be violating Title VII if they only do background checks for Black or Latino applicants, but do not run background checks on White applicants for the same position.
Disparate Impact Discrimination (Unequal Impact):
An employer might be engaging in disparate impact discrimination if they have a policy of not hiring people with certain kinds of criminal histories, and that policy is more harmful to people of a certain race, color, religion, sex, or national origin. For example, employers who have a “blanket ban” policy that excludes all applicants with criminal records would cause greater harm to Black and Latino applicants, who are incarcerated at dramatically higher rates than people of other races in the United States. [2070] However, an employer may legally exclude certain job applicants based on their criminal history if the employer shows that doing so is necessary for the specific position and business.
This section will explain the Equal Employment Opportunity Commission (EEOC) and the EEOC Enforcement Guidance. The EEOC is the federal government agency responsible for enforcing the civil rights of job applicants and employees. The EEOC Enforcement Guidance is a report that explains how and when employers can consider your criminal record when deciding whether to hire or fire you.
The EEOC is a government agency that enforces Title VII and other civil rights laws that prohibit illegal discrimination against job applicants and employees. These laws protect you against unfair treatment based on your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information. [2071] California law requires employers to fully follow all federal laws regarding how employers can consider your criminal history when hiring. This means that all employers must follow the EEOC guidelines, or else they have broken both federal and state law. [2072]
The EEOC investigates claims of discrimination by employers, and also issues special guidelines and “enforcement guidance” reports for employers to help them follow Title VII and other civil rights laws. [2073] The EEOC’s Enforcement Guidance is a report that describes how and when employers can use your criminal record to make employment decisions. The Enforcement Guidance says that—before making any negative decision based on your record, such as rejecting your job application—an employer must consider the nature of your conviction, the type of job you’ve applied for, and how much time has passed since the conviction. [2074] The employer should also consider your individual situation and give you a chance to explain yourself, including the circumstances of your conviction and why you would still be a good employee. [2075] However, the Enforcement Guidance does NOT have the same power as an actual law—it is basically a set of recommended rules for how employers should act and how courts should enforce the law. Courts should consider the Enforcement Guidance and may be persuaded to follow the EEOC’s recommendations, but they are not required to follow these rules.
To read the complete EEOC Enforcement Guidance, see http://www.eeoc.gov/laws/guidance/upload/arrest_conviction.pdf .
For more information about the EEOC Enforcement Guidance, see the following resources:
Note: The EEOC is a federal government agency and enforces federal civil rights laws. California also has a state agency, called the Department of Fair Employment and Housing (DFEH) that enforces state civil rights laws against discrimination. For more information on how to enforce your rights through the EEOC, see Appendix O, PG. 636. For more information on how to enforce your rights through California’s Department of Fair Employment and Housing (DFEH), see Appendix P, PG. 638.
You can contact any EEOC office to file a discrimination complaint or get additional information about your situation.
|
CONTACT INFORMATION FOR EEOC OFFICES IN CALIFORNIA |
||
|
EEOC OFFICE |
TELEPHONE/FAX |
ADDRESS & HOURS |
|
Fresno Local Office |
Phone: 1-800-669-4000 Fax: 559-487-5053 TTY: 1-800-669-6820 |
2300 Tulare Street, Suite 215, Fresno, CA 93721 Office Hours: Monday to Friday from 8:30 a.m. to 5:00 p.m. Call first for information or to schedule an appointment with the Intake Officer. |
|
Los Angeles District Office |
Phone: 1-800-669-4000 Fax: 213-894-1118 TTY: 1-800-669-6820 |
Royal Federal Building—255 East Temple St., 4th Floor, Los Angeles, CA 90012 Office Hours: Monday-Friday from 8:00 a.m. to 4:30 p.m. You can speak to an intake person on a first come-first served basis. You may also call to request a pre-complaint questionnaire. The pre-complaint questionnaire will be mailed and a phone interview will be scheduled upon return of the completed questionnaire. |
|
Oakland Local Office |
Phone: 1-800-669-4000 Fax: 510-637-3235 TTY: 1-800-669-6820 |
1301 Clay Street, Suite 1170-N, Oakland, CA 94612-5217 Office Hours: Monday—Friday from 8:00 a.m. to 4:30 p.m. Call first for information or schedule an appointment. Walk-in services are available on a first come, first served basis on Tuesdays and Thursdays. |
|
San Diego Local Office |
Phone: 1-800-669-4000 Fax: 619-557-7274 TTY: 1-800-669-6820 |
555 West Beech Street, Suite 504, San Diego, CA 92101 Office Hours: Monday—Friday from 8:30am to 5:00pm. Call first for information or to schedule an appointment with the Intake Officer. |
|
San Francisco District Office |
Phone: 1-800-669-4000 Fax: 415-522-3415 VP: 510-735-8909 (Deaf/HoH callers only) |
450 Golden Gate Avenue, 5 West, P.O Box 36025, San Francisco, CA 94102-3661 Office Hours: Monday—Friday from 8:00 a.m. to 4:30 p.m. walk-in services available on Tuesdays and Thursdays from 8:30-3 p.m. Call first for information. The office sees the public on a walk-in basis and no appointment is necessary. |
|
San Jose Local Office |
Phone: 1-800-669-4000 Fax: 408-291-4539 TTY: 1-800-669-6820 |
96 N. Third St., Suite 250, San Jose, CA 95112 Office Hours: Monday—Friday from 8:00 a.m. to 4:00 p.m. Call first for information or to schedule an appointment. |
General DFEH Contact Information:
See Appendix P, PG. 638, for a complete explanation of the DFEH complaint process.
|
CONTACT INFORMATION FOR DFEH OFFICES IN CALIFORNIA |
|
|
DFEH OFFICE |
ADDRESS |
|
Bakersfield |
4800 Stockdale Highway, Suite 215 Bakersfield, CA 93309 |
|
Los Angeles |
320 West 4th Street, 10th Floor Los Angeles, CA 90013 |
|
Bay Area Regional Office |
39141 Civic Center Drive, Suite 250 Fremont, CA 94538 |
|
Fresno |
1277 E. Alluvial Avenue, Suite 101 Fresno, CA 93720 |
|
Elk Grove |
2218 Kausen Drive, Suite 100 Elk Grove, CA 95758 |
To begin the process of filing a discrimination complaint with the California Department of Fair Employment & Housing (DFEH), you must fill out and return the DFEH “Pre-Complaint Inquiry” form to any DFEH office.
Get a copy of the “Pre-Complaint Inquiry” form in one of the following ways:
Then send the completed “Pre-Complaint Inquiry” form to a DFEH office. There is a full list of DFEH offices in California in Appendix M, PG. 634.
NOTE: Please see Appendix P , PG. 638 for a complete explanation of the DFEH complaint process .
This section will explain the process for filing a discrimination complaint with the federal EEOC (Equal Employment Opportunity Commission).
The process begins when you contact the EEOC and file a formal complaint, called a "Charge of Discrimination," following the steps described in the previous question. When you file your complaint, the EEOC will give you a copy of the complaint, along with your charge number (which is the number used to identify your case).
Within 10 days, the EEOC will also send a notice and a copy of the charge to the employer. The EEOC may ask both you and the employer to agree to participate in mediation, which is an informal way of trying to resolve the problem instead of filing a lawsuit.
What happens in mediation? Mediation is an informal way for people to resolve problems with the help of a neutral person (a mediator) who is trained to help people discuss their differences. If you and the employer agree to mediation, the mediator will try to help you both reach a voluntary resolution (settlement agreement). The mediator does not decide who is right or wrong or make a decision about your complaint. Instead, the mediator helps you and the employer work out your own solution to the problem.
Everything that happens in mediation is confidential and free. Mediation can also be a faster way of resolving the dispute, since it usually takes less than 3 months to settle a complaint through mediation. If you and the employer cannot reach an agreement, the EEOC will continue to investigate your case just like any other. [2076]
If your case is not sent to mediation, or if mediation doesn’t resolve the problem, the EEOC will ask the employer to respond (submit a written answer) to your complaint, and answer any questions that the EEOC has about your complaint. Then your complaint will be given to an EEOC investigator for investigation. [2077]
How the EEOC investigates a complaint depends on the specific facts of your case and the kinds of information that will be helpful. In some cases, an EEOC representative may visit the employer, interview other employees or witnesses, gather documents, and/or take other steps to find out whether the employer committed illegal discrimination. The EEOC may also interview you again, or ask you for other documents or information—so it’s very important to cooperate and keep in touch!
How long will the investigation take? How long the investigation takes depends on a lot of different things, including the amount of information that the EEOC needs to get and evaluate. It may take up to 6 months or longer to investigate a charge. [2078]
What if the employer refuses to cooperate with the investigation? If an employer refuses to cooperate with an EEOC investigation, the EEOC can issue a subpoena (legal order) that requires the employer to turn over documents and information and/or answer legal questions, and allows the EEOC to enter the employer’s facilities.
After the investigation is completed, the EEOC will issue a decision, and let you and the employer know the results. The decision will say either:
Depending on what the EEOC decision says, these are your options:
This chart summarizes what happens at the end of an EEOC investigation:
|
EEOC Decision |
What it means |
What happens next |
What your options are |
|
No cause |
EEOC does NOT think that the employer illegally discriminated against you |
EEOC gives you Right-to-Sue notice |
You can file a lawsuit against the employer, but you only have 90 days |
|
Reasonable cause |
EEOC thinks the employer DID illegally discriminate against you |
1) EEOC tries to settle with employer. 2) If they can’t settle: > EEOC files lawsuit against employer; OR > EEOC gives you Right-to-Sue notice |
If EEOC does NOT settle and does NOT file a lawsuit, you can file a lawsuit against the employer. You must file the lawsuit within 90 days of receiving the Right-to-Sue notice. |
This section will explain the process for filing a discrimination complaint with the California DFEH (Department of Fair Employment & Housing). [2080] The DFEH complaint process is very similar to the EEOC process, and can even happen at the same time.
The DFEH process begins when you contact the DFEH to report the discrimination and file a “Pre-Complaint Inquiry.” You can do this by mail, by phone, or online:
Within 10 days, a DFEH investigator will contact you to conduct an intake interview, in order to learn more about your situation and the possible discrimination. The investigator will decide whether state and federal civil rights laws cover your situation.
If the DFEH accepts your complaint, the investigator will type up an official complaint for you to sign. If the DFEH does NOT accept your complaint, it does not mean that you weren’t treated unfairly—only that your situation is not covered by the civil rights laws that the DFEH enforces.
Under California law (just like Title VII), you must first file a complaint with DFEH before you can go to court (this is called “exhausting your administrative remedies”). [2082] However, once you file your complaint, you can ask the DFEH for a Right-to-Sue notice right away, which allows you to file a lawsuit in court on your own. Once you receive a Right-to-Sue notice, you have only 1 year to file your lawsuit in court. [2083]
IMPORTANT: If you request a Right-to-Sue notice, the DFEH will close your case and will NOT investigate further (even if you later decide not to file a lawsuit). Therefore, it is recommended that you only request a Right-to-Sue notice if you have a lawyer to represent you in court. [2084]
The DFEH will give a copy of your complaint to the employer. The employer must respond to the complaint, and has the opportunity to voluntarily resolve the problem now or at any time during the rest of the case. The DFEH will also file a copy of your complaint with the EEOC if it looks like Title VII covers your complaint. [2085]
The DFEH will investigate your complaint. The investigation may include conducting interviews with people and gathering documents or other information. The DFEH must complete its investigation within 1 year from the date when you filed your official complaint. Before the DFEH notifies you of the results of the investigation, it will give you and the employer the chance to voluntarily resolve the problem by reaching an agreement through informal negotiations (“mediation” or “conciliation”).
Depending on what the DFEH finds during its investigation, this is what will happen next:
During conciliation, the DFEH will attempt to resolve your complaint by reaching a voluntary settlement agreement with the employer. (This is just like what happens in the EEOC complaint process, after the EEOC makes a Reasonable Cause decision.)
If the DFEH cannot reach an agreement with the employer, it may decide to file a lawsuit against the employer on your behalf. If the DFEH does not file a lawsuit against the employer, it will give you a Right-to-Sue notice that allows you to file a lawsuit in court on your own. [2086]
This section will give you an overview of the appeals process if the licensing board denies your application for a professional or occupational license.
Note: Each licensing agency is different! This is just a general overview to prepare you for what the process is like, but it will be slightly different in every situation.
If a licensing board decides to deny your license, it must notify you in one of the following ways: [2087]
In many cases, you can resolve your case before by agreeing to a voluntary settlement (called a “stipulated settlement”) with the licensing board. A stipulated settlement is sort of like a plea bargain—you admit to doing something wrong, and you agree to accept a certain amount of punishment from the board. Often this means that you will get your license on a conditional basis for a certain amount of time (a “probation” period).
You will have to meet certain requirements—such as participating in counseling or other behavioral programs, taking specific classes or exams, having your work monitored by a supervisor, getting drug tested, completing community service, and/or temporary suspension—during the probation period. [2091] If you complete all the requirements, you can get your full license back. If you do NOT complete the requirements, the board can revoke your license. [2092]
A stipulated settlement can be complicated, so it is recommended to have a lawyer represent you. You may be able to negotiate certain parts of the settlement agreement—such as what wrongdoing you will admit to; what conditions you will have to complete during the probation period; and how much you will have to pay in recovery costs to get your license. If you reach this point, you should think about what issues are most important to you—for example, whether you want the shortest possible probation, or to pay the smallest amount, or to avoid admitting certain wrongdoing. [2093]
If you don’t reach a stipulated settlement with the licensing board, you will have a formal administrative hearing. An administrative hearing is somewhat like a trial. There will be a judge and a court reporter. The board will be represented either by in-house counsel (its own attorney) or the California Attorney General (like a prosecutor for the entire state). You are allowed to have an attorney also, but you are not entitled to one, so you will have to pay for your attorney yourself. Both sides will present evidence, put on witnesses (if necessary), and make arguments. [2094]
After the case is presented, the administrative law judge (ALJ) will issue an advisory decision within about 30 days. [2095]
Many non-profit organizations and government agencies now offer assistance to individuals who want to start their own business. Some of these organizations specifically focus on helping people with criminal records to start their own businesses.
Here are just a few examples—you can also contact the U.S. Small Business Administration to ask about other resources in your area:
** (special programs for people with criminal records)
Some organizations and government agencies provide money to small businesses and people trying to start their own business. Sometimes the funding is through grants—money that you do NOT have to repay, but generally must use in a certain way related to the business. More often, the funding is through loans—money that you DO have to repay (usually with interest) in the future.Unfortunately, it can be difficult to get loans depending on your conviction record. One place to start is the U.S. Small Business Administration, which is planning to change its policy to allow people on probation or parole to be eligible for microloans of up to $50,000. [2096] However, you may still be denied if you’ve been convicted of a felony “crime of moral turpitude” (i.e., involving violence or dishonesty). [2097] For this reason, it may be helpful to contact one of the entrepreneurship programs listed to see if they have suggestions or resources to find funding.
If you’re considering working as an independent contractor, or if you want to know more about the difference between an independent contractor and a traditional employee, you should read this section to understand your rights and responsibilities!
In some cases, an employer may claim that they are hiring you as an independent contractor—NOT as a regular employee. Employers like to do this this because it means they have fewer responsibilities, and you have fewer rights, if you are an independent contractor—and often they will misclassify you in order to avoid following the law! For this reason, it’s important that you know the difference so that you don’t get exploited!
In general, you are an employee (NOT an independent contractor) if the following are true:
In addition, the law generally presumes that you are an employee—and NOT an independent contractor—unless specific factors show otherwise. [2099]
IMPORTANT: Whether you are an employee or an independent contractor depends on the specific details of your work situation and your relationship with the employer—NOT on what the employer calls you!
As an employee, you have the right to be paid minimum wage and overtime, receive meal periods and rest breaks, and get reimbursed by the employer for any work-related expenses (such as purchasing a required uniform). You also have the right to receive workers compensation insurance, unemployment insurance, disability insurance, and social security, and the employer is required withhold payroll taxes (which are taken out of your paycheck) and send these payments to the government.
On the other hand, if you are an independent contractor, you are NOT protected by minimum wage, overtime, and other labor laws. In addition, you have certain responsibilities—like filing self-employment taxes and reporting certain business information to the government—that you must follow. For more information about the legal responsibilities of an independent contractor, visit the EDD website on independent contractor reporting at http://www.edd.ca.gov/payroll_taxes/faq_-_california_independent_contractor_reporting.htm#Whohastoreport .
The California Division of Labor Standards Enforcement (DLSE) is the state agency responsible for enforcing your rights in the workplace. If you think an employer has violated your rights as an employee, wrongly classified you as an independent contractor, and/or for more information, you can contact your local DLSE office and speak with Deputy Labor Commissioner. To find a local DLSE office near you, go to http://www.dir.ca.gov/dlse/DistrictOffices.htm or call 1-844-LABOR-DIR (1-844-522-6734) for assistance.
For more information about your rights in the workplace, contact The Legal Aid Society—Employment Law Center’s Workers Rights Clinic at 415-864-8208 (San Francisco Bay Area) or 866-864-8208 (toll free in CA). Or contact a local legal aid or employment attorney in your area.
There are 3 situations where an employer is NOT required to provide a reasonable accommodation for your disability: the “ Undue Hardship ” exception, the “ Direct Threat ” exception, and the exception for when the employer shows you CANNOT safely perform essential job functions . This section explains each exception.
(1) UNDUE HARDSHIP
An employer does NOT have to provide a reasonable accommodation that would cause an "undue hardship" to the employer. There is no single definition of “undue hardship”—it is a case-by-case question that depends on the type of accommodation you’re requesting and the employer’s particular situation—e.g., what type of business it is, how many employees, the employer’s financial situation, etc. In general, however, an undue hardship means that the accommodation you want would be too expensive or difficult for the employer make, or would have a significant impact on the employer’s business, or would be too disruptive to the business or to the work of other employees.
However, an employer CANNOT claim undue hardship based on employees' (or customers') fears or prejudices about your disability (e.g., fears or prejudices about people with past addictions or mental health issues). Also, an employer CANNOT claim that other employees would be upset about giving you an accommodation. Finally, an employer CANNOT claim that making an accommodation—for example, hiring someone with a criminal conviction—would cause their insurance premiums to go up. [2100]
Important: Even if an employer can show that the particular accommodation you asked for would cause undue hardship, the employer may still have to provide a different accommodation if there is some other type of accommodation that would also be effective and would NOT cause a hardship. [2101]
(2) DIRECT THREAT
The law does not require that an employer give you reasonable accommodations for your disability if you would pose a significant danger to the health or safety of yourself or others AND there is NO possible reasonable accommodation that would remove or reduce the risk of harm. [2102]
There are some protections for you if an employer is arguing that you would be a direct threat to other employees, customers or property:
(3) CANNOT SAFELY PERFORM ESSENTIAL JOB FUNCTIONS.
Finally, an employer is NOT required to provide reasonable accommodations if they can show that you are unable to safely perform essential job functions—in other words, you are not qualified for the job—even with a reasonable accommodation. [2107] However, an employer can only make this argument based on the specific requirements of the job position you are seeking (not general requirements for other types of jobs), and if there are NO reasonable accommodations that could enable you to do the work. [2108]
If an employer’s hiring/employment policy causes your job application to be rejected (or causes other adverse action against you) based on a conviction that was caused by your disability, you have the right to request a “reasonable accommodation” so that you can be considered for the job just like other applicants.
You can also have someone else talk to the employer for you, to ask for the accommodation you need. In this case, you may want to ask your case manager, social worker, legal aid attorney, or another trusted person who is helping you with your job search, to speak with the employer on your behalf.
To request an accommodation, the law only requires you to tell the employer that you need an accommodation for a reason related to a medical condition. You do NOT have to put your request in writing, and you do NOT have to use any special legal language—you can explain your request in normal words. You can request an accommodation at any time during the job application process or after you begin working. [2109]
HOWEVER, because it is generally believed that employers are less likely to be sympathetic and less willing to change policies regarding criminal convictions (even where the conviction was caused by your disability), it is recommended that you give the employer a WRITTEN LETTER requesting the reasonable accommodation. (Be sure to make a photocopy for yourself before sending the letter). This will make it more difficult for the employer to ignore your request, and you will have documentation in case the employer denies it.
It’s recommended that your letter clearly include ALL of the following:
For a sample letter requesting reasonable accommodation for a disability, see Appendix U, PG. 648.
Here is a sample letter to request a reasonable accommodation for your disability. This particular letter shows an example of how to request a change in policy (for example, asking the employer to make an exception to their hiring policy regarding prior criminal convictions), for a job applicant whose conviction was caused by his/her disability (i.e., prior substance abuse that led to a drug conviction).
For sample letters to request other types of reasonable accommodations (including changes in work schedule, equipment and physical spaces, and time off from work), visit Legal Aid Society Employment Law Center at https://las-elc.org/sample-letters-and-forms .
TO: [Name of Human Resources director, supervisor, or manager]
FROM: [Your name]
RE: Request for Reasonable Accommodation
DATE: [Today’s date]
Dear [Name] :
This is a request for reasonable accommodation under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA). If you are not the appropriate person to receive this request, please notify me immediately, and forward this letter on to the person who handles requests for reasonable accommodation.
I am a person with a “disability” under state and federal laws. My condition is: [state the name or a description of your condition using language you feel comfortable with—see below for additional information] . Due to my disability, I am requesting the following modification of workplace policy: [describe what change in workplace policy or rule you want and how it relates to your disability—see examples below] .
According to the ADA and the federal Equal Employment Opportunity Commission (EEOC), modified policies are a form of reasonable accommodation. See 42 U.S.C. § 12111(9)(B) and the section entitled “Modified Workplace Policies” in EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act, both available at www.eeoc.gov .
Please let me know if you require reasonable medical documentation of my condition, or if you wish to propose alternative accommodations to those I have requested. I am ready and willing to engage in the interactive process with you so that I may continue in my employment.
Thank you.
Sincerely
[Your signature]
[Your name]
If your disability is prior substance abuse, you should make clear that you are no longer using illegal drugs , and explain what rehabilitation or treatment you have received for your disability.EXAMPLES OF CHANGES IN WORKPLACE POLICIES OR RULES, AND HOW THEY MAY RELATE TO A DISABILITY:
If you are applying to a job with a company located or doing business in the City of Los Angeles, or with a company that contracts with the City of Los Angeles, read this section!
It is a new “Ban the Box” law that passed in Los Angeles in December 2016. [2110]
Starting January 22, 2017, most private sector employers that are doing business in the City of Los Angeles and that employ 10 or more people cannot ask about an applicant’s criminal history until they have already made a conditional offer of employment [2111] Los Angeles also has separate regulations that apply to private contractors and subcontractors doing business with the City of Los Angeles. [2112] The new rules for contractors and subcontractors are generally the same as the ones for private employers.
Although that is generally true, there are few exceptions. An employer is allowed to ask about your conviction history at the start of the application process in the following circumstances:
Unless one of the above exceptions applies, the employer can only conduct a background check after deciding you are otherwise qualified for the position AND after extending a conditional offer of employment to you.
An employer can only consider convictions that are “substantially job-related,” and must conduct an individualized assessment, considering: the amount of time that has elapsed since the conviction; and any evidence of rehabilitation or other mitigating circumstances.
If an employer denies you the job, they must: give you a written notice of rejection that includes an individualized assessment of how the conviction is related to the job and give you copies of any documentation they used in making the decision. You then have the right to a “Fair Chance Process.” The employer must hold the job open for at least five days from the date they rescinded the offer to give you a chance to submit documentation regarding the accuracy of your criminal history and any evidence of mitigating factors. The employer is required to review any documentation you provide and reassess their decision. [2114]
You can submit a complaint form to the Los Angeles Office of Wage Standards (OWS) to start an investigation. [2115]
Prior to July 1, 2017, employers who violate the Fair Chance Initiative will receive a written warning. Starting July 1,2017, the employers can be assessed fines that start at $500 for the first offense, up to $2000 for the third and subsequent violations. [2116] The Fair Chance Initiative also allows applicants/employees to bring civil actions against employers. [2117]
The COURT-ORDERED DEBT CHAPTER gives a basic overview of court-ordered debt to help you understand the money you may owe because of your past court involvement. You will learn the different kinds of court-ordered debt, what happens to these debts while you are incarcerated, and how these debts can affect you when you return to the community.
DISCLAIMER – YOUR RESPONSIBILITY WHEN USING THIS GUIDE: When putting together the Roadmap to Reentry: A California Legal Guide , we did our best to give you useful and accurate information. However, the laws change frequently and are subject to differing interpretations. We do not always have the resources to make changes to this informational material every time the law changes. If you use information from the Roadmap to Reentry legal guide, it is your responsibility to make sure that the law has not changed and applies to your particular situation. If you are incarcerated, most of the materials you need should be available in your institution’s law library. The Roadmap to Reentry guide is not intending to give legal advice, but rather legal information. No attorney-client relationship is created by using any information in this guide. You should always consult your own attorney if you need legal advice specific to your situation.
COURT-ORDERED DEBT: TABLE OF CONTENTS
I. INTRODUCTION 653
What is court-ordered debt and why do I need to know about it? 653
I’ve never received anything telling me that I owe money; so I must not have any court-ordered debt, right? 653
What are the different types of court ordered debt? 653
II. A Basic Overview of Court-Ordered DebT RESTITUTION 655
Restitution 655
What is restitution? 655
Is it possible to owe more than one type of restitution? 656
Who is considered a “victim” to recover victim restitution? 656
Court fines and penalties 656
What are court fines and penalties? 656
What should I know about court fines and penalties? 656
Court administrative fees 656
What are court administrative fees? 656
What should I know about court administrative fees? 657
What happens to my court-ordered debt while I’m incarcerated? 657
Will my debts be sent to “collections”? 657
How can my court-ordered debt affect me while I am on a term of supervision? 658
Which types of court-ordered debt are likely to be conditions of my probation? 658
What happens if I don't pay off these debts? 659
Does a credit report show restitution and court fines? 661
What are my options if my wages are garnished or there is a lien on my property? 661
Traffic fines and tickets 662
What are traffic fines and tickets? 662
How do I know which type of ticket I have? 662
What could happen if I get a new ticket? 663
What could happen if I don’t pay my traffic fines or if I don’t appear for my court date? 664
I think I had an old traffic ticket, but I can’t remember or can’t find it. What are my options? 665
What are my options if the DMV told me I have an outstanding traffic ticket? 665
I had a traffic ticket that was pending (unresolved) when I was incarcerated. What might have happened to it? 666
I think my traffic ticket qualifies for dismissal. How can I get it dismissed? 666
III. TAKING CONTROL OF YOUR COURT-ORDERED DEBT 668
How do I find out how much court-ordered debt I owe? 668
Restitution 668
I haven’t ever received notice that I owe any money for restitution, so I probably don’t, right? 669
I know how much restitution I owe. Can a court order more restitution after I’ve already been sentenced? 669
Court fines and penalties and court administrative fees 669
How do I find out if I have any court fines and fees? 669
Traffic fines & fees 670
How do I find out how much I owe in traffic fines? 670
IV. paying off or “satisfying” my court-ordered debt 671
Restitution 671
How do I pay restitution while incarcerated? 671
How do I pay restitution while on state parole? 671
How do I pay restitution while on probation, PRCS, or mandatory supervision in California? 672
What will happen if I can’t pay the restitution? 672
Can my public benefit payments be garnished to pay off restitution? 673
The victim never claimed restitution. Do I still have to pay? 673
The victim who was receiving my restitution payments just died. Do I still have to pay? 673
Court fines, penalties & administrative fees 673
How do I pay off the court fines, penalties, and administrative fees? 673
What might happen if I can’t pay my debt? 674
Traffic fines and fees 675
How do I pay my traffic fines? 675
What options do I have if I cannot pay my traffic fines? 676
Traffic Amnesty Program—Ended March 31, 2017 676
What was California’s Traffic Amnesty Program? 676
Reducing or Forgiving Court-Ordered Debt 677
What options do I have to reduce or forgive my court-ordered debt? 677
V. CONCLUSION 678
Court-Ordered Debt Appendix 679
Many people coming home from prison or jail are surprised to find that they owe lots of money to various courts, agencies, and people. The money you owe can make it very hard to get back on your feet, which can leave you feeling frustrated and discouraged.
Unfortunately, this Chapter includes a lot of BAD NEWS about court-ordered debt because most of the laws that control court-ordered debt are NOT in your favor. However, reentry advocates—and even some politicians— who realize that this kind of debt harms not only formerly incarcerated people who are trying to start over, but also the communities they are returning to, are working to change these laws. In the meantime, this Chapter will give you some important information to help you better understand your rights, responsibilities, and opportunities when it comes to managing money that you owe due to your past court involvement (referred to in the rest of the Chapter as “court-ordered debt”).
Court-ordered debt is money that you may owe because of some involvement you had with the criminal justice system—whether you were convicted, acquitted, your charges were dismissed, or you were only ever arrested. You may owe this money to the court itself, to the county or other government agency , to a victim of your crime, or even to a collection agency .
If you were convicted of a crime, you most likely owe court-related costs, or owed them at one point. But even if you were never convicted of anything, the court can still make you pay other fees, such as jail booking fees, public defender fees, and fees associated with minor offenses called infractions. It is important that you know about and understand any court-ordered debt you owe, because this debt can make it difficult for you to move forward with your life in many different ways.
Absolutely not! People move; paperwork gets lost in the mail; and addresses get written down incorrectly all the time. Just because you haven’t heard anything, doesn’t mean that you’re in the clear. Remember, if you have had any involvement with the criminal justice system, especially if you have a conviction , you were most likely ordered to pay money of some kind at some point. If you don’t take steps to find out about and take care of your debt, there could be serious consequences.
Even if you are 100% positive that you have paid off your debt entirely, mistakes can be made. Your payments may not have been properly recorded, or your name could be attached to someone else’s debt! It is better to check and be safe than to assume and be sorry.
There are three main types of court-ordered debt: (1) restitution; (2) fines and penalties; and (3) administrative fees. (You may also have debt from unpaid traffic fines and tickets. These are discussed later in this Chapter, on PG. 662). It can be hard to keep track of the different types of debt; this chart gives an overview of the important information about each one.
|
TYPES OF COURT ORDERED DEBT |
||||
|
NAME OF COURT-ORDERED DEBT |
PURPOSE OF THE DEBT |
CAN THE DEBT BE FORGIVEN OR REDUCED? |
CAN THE DEBT BE A CONDITION OF MY SUPERVISION? |
WHAT YOU MAY SEE ON YOUR BILL |
|
RESTITUTION:
(1) VICTIM RESTITUTION
|
TO repay the victim of a crime for the harm HE OR SHE suffered. |
NO. CANNOT BE FORGIVEN OR REDUCED. [2118] |
YES. MANDATORY. [2119] |
Victim Restitution; Restitution Fine; Direct orders of Restitution |
|
RESTITUTION:
(2) RESTITUTION FINES
|
TO repay your debt to society |
MAY BE FORGIVEN OR REDUCED IN EXCHANGE FOR community service. |
YES. [2120] |
Restitution Fine; Probation Revocation Restitution Fine; Hate Crime Restitution; Emergency Response Costs Restitution |
|
COURT FINES & PENALTIES
|
FINANCIAL punishment for your CRIMINAL CONVICTION |
YES, BUT THE Judge GETS TO DECIDE BASED ON YOUR REHABIlITATION EFFORTS. |
YES, BUT THE JUDGE GETS TO DECIDE. [2121] |
Domestic Violence Fund Payment; Alcohol Abuse Education & Prevention Penalty Assessment |
|
ADMINISTRATIVE FEES
|
to pay for the costs of running the courts and OTHER criminal justice AGENCIES |
YES. USUALLY THE FIRST TYPE OF DEBT TO BE FORGIVEN OR REDUCED. SOME ARE BASED ONLY ON your ABILITY TO PAY. |
NO, [2122] WITH ONE EXCEPTION: Criminal Justice Administration Fee (“JAIL BOOKING” FEE). [2123] |
Probation Supervision Costs; Administrative Screening Fee; Criminal Justice Administration Fee |
|
TRAFFIC FINES & FEES
|
See Traffic fines section on PG. 662 |
|||
IMPORTANT NOTE ABOUT THE NAMES & PURPOSES OF COURT-ORDERED DEBTS: The names for different types of court-ordered debt can be confusing. The chart above tries to explain the four basic types of court-ordered debt, but the names you see on your actual court paperwork or “sentencing order” may be different. For example, sometimes the same word (for example, “fee” or “assessment”) is used to mean different things by different courts in different counties . If you have any questions about your court-ordered debts and what they mean, ask your public defender or the lawyer who represented you in your case. Because each type of court-ordered debt has a different purpose, you will probably owe different types of debt (restitution, fines, AND fees)—even if you have only one conviction. If you have more than one conviction, you will likely owe separate sets of court-ordered debt for each conviction.
Restitution is money that you are ordered to pay to victims and to the state if you are convicted of a crime. Restitution is intended to repay the victims for the harm they suffered, and to repay your debt to society. Judges are required to order restitution if you are convicted of a crime, regardless of whether you can afford to pay. Restitution is the most serious type of court-ordered debt and the hardest to get rid of. [2124]
To make things even more complicated, there are different types of restitution—each with a different purpose. The three main types of restitution are: (1) VICTIM RESTITUTION (also called Direct Orders of Restitution ): Victim restitution goes to the victim(s) of your crime to repay any harm caused or losses suffered because of your actions. If your crime involved injury to a person , property damage, or economic loss , you will have to pay victim restitution. [2125] Usually the court orders victim restitution at the time of sentencing , however, the court can order it at any time afterward, if needed. [2126] This means that even if the judge did NOT order victim restitution when you were sentenced, he or she can still order it later—and you will still have to pay it! (2) RESTITUTION FINES : Restitution fines go to the state to repay your debt to society . Everyone who is convicted of a crime MUST pay a restitution fine, so if you have a conviction—regardless of whether it was a misdemeanor or a felony—you have to pay a restitution fine. [2127] In some situations, even if you were never convicted, you may still have to pay a restitution fine. For example, if your case was dismissed because you successfully completed a diversion program (i.e. drug treatment or anger management) or you received a deferred entry of judgment (DEJ), you will still be ordered to pay a restitution fine. [2128] Also, if some of your charges were dismissed as part of a plea bargain, you still may have to pay restitution on the dismissed charges! [2129] (3) REVOCATION RESTITUTION FINES : If you are sentenced to any type of supervision (parole, mandatory supervision, Post Release Community Supervision, or probation), the court will impose a revocation restitution fine. However, this fine is suspended unless you violate the conditions of your supervision and your supervision is revoked. This means you do not have to pay this fine unless your supervision is revoked . [2130]
IMPORTANT NOTE ABOUT VICTIM RESTITUTION: Victim restitution never goes away. It is not discharged in bankruptcy, [2131] and you will continue to owe any unpaid victim restitution even after you have completed your sentence and term of supervision. You must continue paying restitution when the victim dies, and must pay even if the victim never claimed restitution. The only way to get rid of victim restitution is to pay it off. [2132]
Yes. In fact, it is likely that you owe more than one type of restitution. Almost everyone with a conviction will owe victim restitution. Most people will owe BOTH victim restitution AND restitution fines. [2133] Anyone whose supervision was permanently revoked may owe all three types of restitution.
Also, if you have convictions from more than one case, the court can order all three types of restitution in each case. [2134]
The law defines “victim” VERY broadly. Even if no one was physically hurt during the crime, the court can order you to pay for property damage or economic losses caused by the crime. You could be ordered to pay restitution to ANY of the following:
Court fines and penalties are money you must pay as part of your punishment for your conviction, in addition to the rest of your sentence. [2136] The amount you have to pay will depend on the specific offense(s) you were convicted of, and the total amount you owe for other fines .
IMPORTANT: You may be charged multiple sets of fines and penalties for the same conviction, because the state and county can each fine you separately for the offense. [2137]
Administrative fees are money you pay to the courts, county, and other agencies to cover the day-to-day costs of running the courts and criminal justice system. Administrative fees are used to pay for things like court security, probation supervision, public defender fees, jail time, and debt collection. [2141] Some fees are imposed by the court; other fees are imposed by the county or by other agencies.
If you have missed one or more payments, your debt is “overdue” or “delinquent.” Usually, you will get a letter notifying you that your debt has become delinquent, and you will have a limited time to make a payment or reestablish an installment plan before extra punishments and fines are imposed.
When courts (or anyone else) can’t get a person to pay their debt on time, they often will hire a “collection agency” to try to get back the money owed. Collection agencies track down the person who owes (the “debtor”), and tries to get them to pay. If they are successful in collecting the debt, the collection agency receives a percentage of the payment.
Your debts CAN increase while you’re inside—but WHETHER they do and by HOW MUCH will depend on different things, such as: how old the debt is, whether it has been sent to collections, the amount of victim restitution you owe, and whether you’ve been making restitution payments.
Some reasons your debt may increase while you’re incarcerated are:
Maybe. The more delinquent your debt is, the more likely that it will be, or already has been, sent to collections.
Each court, county, and agency handles unpaid debts differently. The court may start by trying to collect the debt itself. Once the debt becomes overdue, courts often send unpaid debts to the county collection agency. [2152] If the debt remains unpaid, the court or county collection agency may then send your debt to a private collection agency or to the California Franchise Tax Board (FTB), which acts as a collections agency for the state and for CDCR. [2153]
IMPORTANT!—If you are ON SUPERVISION: It is very important to know which debts are conditions of that supervision—and to pay them first, if possible. In general, making restitution payments will ALWAYS be a condition of your supervision. [2154] Other fines and fees can also be ordered as conditions of supervision. [2155] You can find out exactly which payments the court considers conditions of your probation by asking your parole or probation officer for a copy of your supervision order. You (or your lawyer) can also go to the court and ask the clerk for a copy of the records (the “minutes”) from your sentencing.
If you don’t pay the debts that are conditions of your supervision: (1) the court can extend the term of your supervision to the maximum time allowed, [2156] or (2) the court may order you to do community service to satisfy your remaining fines and fees, or (3) the court may determine that you have violated your supervision and re-incarcerate you. If you are on probation and you complete your probation term, but you haven’t paid off all the restitution and fines that are conditions of your probation, the court may find that you did NOT successfully complete probation . This can make it harder to get your conviction dismissed later under California’s expungement statute. [2157] However, due to a recent court decision, you cannot be denied mandatory expungement because you still owe victim restitution. See PG. 945 for more information on mandatory and expungement and victim restitution.
Here are other ways that owing unpaid restitution and other fines can affect you while you are on supervision:
For more information on getting your conviction(s) expunged/ dismissed, see the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, beginning on PG. 915.
Restitution— Making restitution payments will almost ALWAYS be a condition of your probation. [2161]
Other Fines & Penalties— Some other fines and penalties may also be conditions of your probation. However, each type of fine and fee is different, so you will need to check your specific sentencing order to see which payments are conditions of your probation.
Fines and fees that are always (or almost always) conditions of your probation:
Fines that may be conditions of your probation, depending on your conviction offense:
Administrative Fees— In general, administrative fees CANNOT be conditions of probation. [2169] This includes things like court security fees, probation supervision costs, and attorney fees. [2170] However, one exception to this rule is the Criminal Justice Administration Fee (sometimes referred to as the jail booking fee), which CAN be a condition of probation. [2171]
IMPORTANT: These are only examples. YOU SHOULD CHECK YOUR SENTENCING ORDER TO SEE WHICH FINES AND FEES ARE CONDITIONS OF YOUR PROBATION.
It depends. Different types of debts have different consequences if you don’t pay them off. The consequences are also affected by the amount of debt you owe, how old the debt is, and which agency is trying to collect from you (for example, whether your debt is still with the court, with county collections, with a private collection agency, or with the Franchise Tax Board).
In the previous section we explained what can happen if you don’t pay debts that are conditions of your supervision. This section will explain other consequences you may face if you don’t pay off your court-ordered debts (whether you are on supervision or not).
If you owe unpaid restitution, fines, or court fees, the people or agencies that you owe (i.e. the victim, the victim’s family, the Victim Compensation Board, the Franchise Tax Board, private collection agencies) can try to collect the unpaid debt in the following ways: [2172]
All of these actions can lower your credit score , which can make it harder to get a loan, rent an apartment, or find a job.
There are other possible consequences of unpaid or overdue debt, but everyone’s situation will be different. Some other ways that you may be negatively impacted by unpaid court-ordered debt are:
If you have been making your payments regularly and on time, restitution and other court-ordered debt shouldn’t show up on your credit report. [2182] However, once you begin missing payments , the court can sell your debt to a collection agency that will likely report the debt to the credit bureau. [2183] Additionally, if you don’t pay off your debt, a creditor or debt collector can sue you to collect. If they win, the court will attempt to enforce the debt as a civil judgment against you. [2184] Unlike criminal judgments, civil judgments (such as child support payments and money owed after losing a lawsuit) do show up on credit reports. Civil judgments are categorized in the public records section of a credit report, and are generally listed as “judgments.” [2185] Thus, it is unlikely that anyone (such as a landlord) could use your credit report to see information about your criminal conviction. Still, it’s a good idea to get a copy of your credit report to make sure. For more information about how to get your credit report, see page 731. For information on how to get and keep a good credit score, see Appendix I on PG. 704.
If your wages are being garnished or there is a lien on your bank account or property, you may be able to request an exemption for money or property that you need to live on (such as your car or house). An exemption means that the portion of your wages or property that you need in order to support yourself and your family CANNOT be taken. [2186]
For more information on your credit report and your credit score, see Appendix I, PG. 704, or contact the Consumer Financial Protection Bureau at (855) 411-2372, or online at: http://www.consumerfinance.gov/askcfpb/search/?selected_facets=category_exact:credit-reporting .
Even if you don’t have enough money to pay off your debts, it’s important to show that you are making an effort and want to pay them off! The court and judge will often work with you if you can show that you are trying to take responsibility for your debt to the best of your ability . You can ask the judge to help you set up an installment plan , or request that he or she waive (forgive) some of fines and fees. Many courts will let you do community service to work off your debt—or you can even opt to spend time in jail to pay off or reduce what you owe. [2191]
If your debt has been sent to a private collection agency or the FTB, you can ask that agency to help you set up a payment plan . If the FTB is garnishing your wages, you can also ask them to change the amount that is being taken out of your paycheck (but they CANNOT change the total amount of debt you owe.) The FTB can be very helpful—so don’t be afraid to contact them for assistance!
The bottom line: Court-ordered debt can be a scary thing to deal with. But even if you can’t pay now, there are other things you can do to improve your situation. DON’T IGNORE YOUR DEBT or it will only get worse!
Where all traffic-related issues are heard and addressed. Some counties have special traffic courts that deal exclusively with traffic-related issues. In others, the “traffic court” may just be a separate counter or department within the main courthouse. Traffic courts deal only with traffic infractions.
Traffic fines are penalties you are ordered to pay for driving-related or vehicle-related violations. Traffic tickets are the actual paper citations you get when you commit violations. There are three types of traffic tickets:
NOTE: ANOTHER NAME FOR TRAFFIC FINES IS “BAIL”— Traffic fines are also called “ bail. ” The traffic court may use this term when talking about your traffic fines and payments. Traffic “bail” is not the same thing as bail in a criminal case, but is sometimes used in a similar way. As of June 8, 2015, if you are required to appear in court for an infraction ticket, you no longer need to “post bail” (pay some or all of your traffic fine) beforehand, except in a few situations. [2194] If you are required to appear in court for a misdemeanor ticket, you may need to “post bail” (pay some or all of your traffic fine) BEFORE your court date. You will then get this money back if the court dismisses your ticket or finds you not guilty of the traffic violation. This Chapter will use the term “fines” instead of “bail” to describe the money you owe for a traffic ticket.
A correctible violation (“fix-it”) ticket is a ticket for a problem with your car that you must fix (for example, a broken tail light, expired registration. After you fix the problem, and show the court proof, your ticket will be dismissed.
If you park or leave your car somewhere and there is a ticket on the windshield when you get back, this is probably a parking ticket (although some agencies will issue “fix-it” tickets for parked cars with visible mechanical issues or expired registration tags). Parking tickets are the least serious type of ticket and do NOT involve the courts.
If you get pulled over and get a ticket while driving , it is an infraction or a misdemeanor ticket . Usually you get these tickets from a law enforcement officer who pulls you over on the road for a violation you committed while driving.
NOTE: For some misdemeanor violations (for example, a DUI), the police may arrest you on the spot and take you into custody. You may need to pay bail and/or sign a promise to appear in court before the police let you go. Afterward, you MUST appear in court on the date and time assigned to you in the promise to appear.
Tickets related to your car equipment, registration, insurance, or driver license are usually infraction tickets . Sometimes you can get the ticket dismissed if you correct the problem that you were cited for (also called a “fix-it” ticket or “correctable violation”).
IMPORTANT: When you sign any ticket, you are making a promise to do something—pay the fine, appear in court, and/or correct the problem as required by the ticket.
It depends on the type of ticket you get.
Parking tickets: If you get a parking ticket, you just have to pay a fine. The ticket will have information about how much the fine is, what agency you owe it to (usually to the local city government or parking authority), and how to pay (by mail, in person, by phone, or online). If you disagree with the ticket, you can contact the parking agency and ask how to challenge it. [2195] I f you don’t pay the parking ticket on time , the fines will increase. Eventually , if you haven’t paid the fine, you will not be able to renew your car registration. Parking tickets will NOT affect your ability to get a state ID or driver license because parking tickets attach to a vehicle , NOT a person. [2196]
Infraction tickets: If you get an infraction ticket, read the ticket carefully to see what to do. You may just need to pay a fine or you may have to fix whatever problem the ticket was issued for and then bring proof to the issuing agency. However, you may be required to appear in court on a particular date and time. You must act BEFORE the deadline on your ticket. Remember, by signing the ticket, you have promised to pay the fine, correct the problem, or appear in court . You may have to:
If you are on probation, parole, or community supervision: In most cases, an infraction ticket won’t be considered a violation of your probation or parole because infractions are not criminal offenses. However, in some cases, an infraction ticket could be a violation of your supervision, depending on your underlying conviction, the specific conditions of your supervision, and the nature of the infraction. For example, if you are on probation for a DUI offense and have conditions related to alcohol and driving, a ticket for having an open container in your vehicle might be considered a violation of your supervision. If you have any questions or concerns about your terms of supervision, you should talk to your probation or parole officer (or better yet, a lawyer). (You can also find more information in the PAROLE & PROBATION CHAPTER, beginning on PG. 125.)
Misdemeanor tickets: For a misdemeanor ticket, you must go to court on the date shown on your ticket. If you want to dispute (deny) the charges, you can plead not guilty and ask for a trial. You are entitled to have a lawyer represent you throughout the process. If you cannot afford a lawyer, the court will appoint a public defender to represent you. You may have to pay a fine (bail) in advance, but you will get the money back if you are found not guilty. [2203] In some cases (for serious misdemeanors, like DUIs, or for repeat offenses), you may also face jail time and/or have your license suspended or revoked.
WARNING: If you are on probation, parole, or community supervision , a misdemeanor ticket could be a violation of your probation or parole conditions. You should contact a lawyer immediately, if you can. (For more information on how a new criminal offense may affect your community supervision, see the PAROLE & PROBATION CHAPTER, beginning on PG. 125.)
There are serious consequences if you don’t pay your traffic fines, or if you don’t show up for your court date: [2204]
If a judge has ordered you to appear in court because of your unpaid ticket, you must appear. If you do not, the court can charge you with a misdemeanor for “failure to appear” or “contempt of court,” and issue a warrant for your arrest. [2213]
Old traffic tickets can be difficult to track down! This is because cities, counties, the state, and even some colleges have the power to issue traffic tickets—and each agency may handle overdue tickets differently. This can make it hard to know whether you owe unpaid traffic fines, how much you owe, whom you owe fines to, and what to do next. The first step is to find out where your ticket is.
If you got an infraction or misdemeanor traffic ticket and you: (1) did not pay the ticket; (2) did not go to court on the date listed on the ticket; or (3) went to court and were ordered to pay a fine by the judge, but did not pay the fine, ask if your local court has any traffic amnesty programs (but note: the statewide Traffic Amnesty Program ended March 31, 2017).
IMPORTANT NOTE ABOUT ARREST WARRANTS: When you are charged with a “failure to appear” (FTA) or “failure to pay” (FTP), the traffic court judge may order a warrant for your arrest. [2222] If there is any chance you have an arrest warrant for one of these reasons, CONTACT A LAWYER AS SOON AS POSSIBLE. A lawyer may be able to get you a court date to try and fix the situation. [2223] It is very important to attend any court dates! Be aware that even if you go to court to get the warrant removed, you will likely still have to pay for the ticket and any additional fines and fees. Learn more about reducing traffic court debt on PG. 676.
If you were formerly incarcerated in a California state prison: Under state law, the DMV must dismiss most non-felony traffic tickets that were pending when you went to prison. A ticket is “pending” when the court has not yet made a decision in the case (meaning, never ordered you to pay the fine). Only tickets for misdemeanor traffic offenses and infractions can be dismissed under this law. Parking tickets CANNOT be dismissed this way. [2224] PLEASE NOTE: this rule only applies to people who were incarcerated in state prisons!
Additionally, your traffic ticket CANNOT be dismissed if:
You must proactively request dismissal from the DMV directly. The court will not automatically do this on your behalf. You will need to send a letter to the DMV on official California Department of Corrections & Rehabilitation letterhead, and get it signed by an “Authorized Representative.”
The letter should say that you are requesting dismissal of your misdemeanor or infraction ticket under Vehicle Code Section 41500, and it must include the dates of your commitment and release (if you’re out). Send your request to:
Department of Motor Vehicles, Division of Drivers Safety and Licensing
P.O. Box 9412890
Sacramento, CA 94290
A DMV employee will then review your request to decide if your ticket qualifies for dismissal.
Payment Plans—If you owe unpaid traffic fines, you can contact the court, parking authority, or collection agency that you owe money to and ask about setting up a payment or installment plan (where you pay off a little every month instead of everything all at once). Amnesty Programs—California now has a statewide Traffic Amnesty Program to help people reduce the amount of traffic debt owed and in some cases, reinstate a suspended driver license. [2229] Contact the traffic court in the county where you owe money for more information about the program.Specialty Courts—Some counties have special homeless courts, DUI courts, or other community courts that may be able to help you resolve your tickets and fines. Contact the local public defender in the county where you got the ticket to ask if there are any community courts available and whether you are eligible. What if I owe court-ordered debt for a federal offense?
Up to this point, this Chapter has only covered debts that were ordered by a California state court , NOT those ordered by a federal court.
If you have debts that stem from a federal offense, your court-ordered debt will look different, because federal courts have their own rules for restitution, fines, and fees. However, these 3 general types of debt are the same in the federal system:
WARNING: Just like for state court debt, you may also owe additional interest or other penalties on your federal court-ordered debt (for example, if you don’t make required payments on time).
Taking control of your court-ordered debt is done by knowing the type of debt you owe, the amount of debt you owe, and creating plan as to how to repay this debt based on how it will impact on your parole/probation term and employment. In Part III, we will answer the following questions for each type of debt:
If you want to see what amounts you were originally ordered to pay, you can request a copy of your sentencing order from the court that sentenced you. HOWEVER, these amounts are the original amounts ordered by the court, and will NOT reflect any payments that you’ve made OR include any interest or fees that have been added since. The order also will NOT show the debts you owe from ANY other cases.
Since there are typically three types of debt: restitution, court fines and penalties, and court administrative fees, to find out how much you owe requires you to ask different questions to different people/agencies to make sure you know of all of your debt and to figure out how much you owe. Below three different debt types are discussed as well as debts you may owe if you received traffic tickets as part of your case or if you had tickets prior to being incarcerated.
If you are incarcerated , you should be able to get a copy of your restitution balance sheet from your facility (either a CDCR facility or county jail). Ask your Correctional Counselor if you have any questions about your restitution. [2234]
If you have just been released , your facility (or the agency it has chosen) will either continue to collect your debt itself or refer your debt out to a private collection agency or the Franchise Tax Board. [2235] You should get a demand notice from whichever agency will continue collecting your restitution debt within 90 days of your release, although there is no set time for this. [2236]
If you are on parole, probation, or community supervision , talk to your parole agent or probation officer. [2237] They can give you a copy of your balance sheet, which has information about how much you currently owe.
At any time, you can also find out how much you owe by contacting an Adult Restitution Agent at the CDCR Office of Victim & Survivor Rights & Services Restitution Unit at (877) 256-6877 (toll free). They will be able to tell you your restitution balance and can give you information about what to do while you wait for the collection agency to contact you. [2238]
Not necessarily. While you should receive notice of your debt, it is possible that you won’t. As we said in the beginning of this Chapter, any number of things may have prevented the notice of your debt from getting to you. Even if you have received a demand notice, it is possible that the notice you received only covered some , but NOT all of your debts. Remember, your various debts may have been sent to different agencies. For this reason, it is possible that you owe money even if you did NOT receive a notice and it is possible that you owe more money than the notice stated. It is always better to check in order to be safe!
Generally, the trial court continues to have control over restitution issues throughout the period between sentencing and the completion of parole or probation. [2239] During that time, the court has the authority to add or modify a restitution order on a motion of the victim, defendant, or district attorney, or on the court’s own motion. [2240] Once the period of parole or probation has expired, the court can no longer order you to pay additional restitution to a victim. [2241]
As discussed on PG. 656, court fines and penalties are debts you may get as punishment or consequences for the crime you were charged with. Court administrative fees are paid for the daily operation of the court. While these two debts are different, here these debts are discussed together because the court usually adds these fees together and requires you to pay them together and to one office.
To find out how much you owe in court fines and fees, you should start by contacting the court in the county where you were convicted. You should try to provide your case number, however you may be able to locate your case using your name, birth date, and/or other personal information. If you have any court papers from your case, they will list your case number and the county you were convicted in. If you don’t have any of your court papers, you may need to get a copy of your RAP sheet to figure out what court(s) you have convictions from.
When you contact the court, the clerk should be able to tell you what you were ordered to pay, whether your case has been sent to collections, and if so, which collection agency now has your debt. Remember, if you have convictions from multiple cases, even if they are all in the same county, you will need to ask about every case.
If you have convictions from different counties, you will need to contact the court in each county.
Make sure to ask the court for the contact information for each and every agency that will be collecting your debt. If some or all of your debt is still with the court, ask the clerk how to contact the court’s “collection” or “revenue” unit (the department that keeps track of court-ordered debts and payments). (For a list of California county court collection unit contact information, see Appendix G, PG. 697.)
Once you know which collection agency is collecting your debt, you can contact them directly to ask how much you owe and how to pay. Remember that your debts may be collected by several different collection agencies, so you may need to contact all the different agencies to find out how much you owe in total. You may get shuffled around to many different people, but this is important, so be patient!
If you don’t have the paper ticket anymore, but you know WHERE you got it…
If you don’t know WHERE you got the ticket or if the ticket is OUTSTANDING…
If your traffic fines have been referred to collections : You will need to contact the collection agency to find out how much you owe and how to pay off your fines. Ask the court or agency that issued the ticket which collection agency they send your debt to, and be sure to get the collection agency’s phone number and contact information.
An important thing to know about traffic fines is that there are lots of additional fees and penalties that can get added to your initial fine . These extra fees and penalties are added automatically —regardless of whether it’s a new or old ticket, and even if you pay everything on time! Your fines may also increase if you have prior traffic violations or points on your driving record. Depending on what your original ticket was for, the additional fees and penalties can sometimes add up to several hundred dollars for an infraction ticket (and much more for a misdemeanor ticket). [2246]
How you pay your fines, fees, and restitution will vary, because each court and agency handles unpaid debts slightly differently. Depending on where you were convicted, the type(s) of debt(s) you owe, how much you owe, how old your debt is, and whether you are currently incarcerated or on supervision , your debt may be collected by any one of these departments or agencies:
CDCR (or the county jail) will automatically deduct victim restitution, and, if possible, restitution fine payments from deposits in your trust account and any wages you earn. [2247] You can also make voluntary payments whenever you like.
If a friend or family member on the outside sends you money, the CDCR will automatically apply half of the sum to your restitution, with an additional 10% of that half going towards paying administrative costs. [2248] Friends and family on the outside can also send you money specifically for restitution, in which case the administrative costs are waived. [2249]
CDCR has most likely sent your victim restitution debt to the Franchise Tax Board for collection. The FTB will send you a demand notice with contact information and instructions on how to set up a payment plan. You can also contact the FTB directly to make payment arrangements. (See PG. 672 for FTB contact information.) If you also want to pay off your restitution fines (or parole revocation fines) voluntarily while you are on parole, you can send these payments directly to CDCR. Your parole agent can tell you how much you owe and/or answer other questions about your payments. [2250]
Make sure you include your name and CDCR number with your payment, and send to:
CDCR—Office of Trust Accounting, P.O. Box 276088, Sacramento, CA 95827
IMPORTANT: You must pay off your restitution in full to transfer your parole from California to another state, otherwise your transfer request will be denied. [2251] Once you pay off your restitution, your parole agent will request a receipt showing a zero balance to submit with your transfer request. Learn more about interstate transfer on PG. 211.
You should ask your probation officer about making payments. [2252] You can also call the CDCR Office of Victim & Survivor Rights & Services Restitution Unit at (877) 256-6877 (toll free) to discuss your restitution balance and arrange your payments.
IMPORTANT: PAY OFF CONDITION-OF-PROBATION DEBTS FIRST! Always try to pay off debts that are conditions of your probation first, as these can affect the length of your probation. [2253] (Payments are supposed to go to these debts first automatically, but this doesn’t always happen.) [2254] BUT NOTE: If you are entitled to a mandatory dismissal of a conviction under Cal. Penal Code § 1203.4 because your probation was terminated (ended) early, you cannot be denied the dismissal because you still owe victim restitution. [2255] This means that if you owe victim restitution, you still have the RIGHT to a mandatory dismissal of a qualifying conviction. See PG 945 in the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER for more information.
Make your payments in-person, online, or by mail:
After you are off state parole , CDCR will refer the remainder of your debt (unpaid restitution fines, parole revocation restitution, court fines and fees, administrative fees) to the California Franchise Tax Board. [2256]
It depends who you owe the restitution to.
If the California Franchise Tax Board (FTB) is in charge of collecting your restitution debt, here are some steps you can take to possibly make your financial situation easier:
The California FTB employs representatives to help you. You can call the FTB at (916) 845-4064 during normal weekday hours (Monday-Friday, 8 a.m. – 5 p.m.) or visit the FTB’s website at: https://www.ftb.ca.gov/online/Court_Ordered_Debt/index.asp .
Yes. At least when it comes to Social Security, the court is authorized to order garnishment of public benefits as a means of paying off victim restitution. [2258] The government agency that provides the public benefit can garnish a maximum of 25 percent of your monthly benefit amount. [2259]
Yes. The CDCR is in charge of managing restitution accounts for direct orders, even once you are released. Most of the time, the CDCR does not initially have an address for the victim to which they can direct payments. In such a case, depending on your custody status, either the CDCR or the Victim Compensation and Government Claims Board hangs onto the payments until the victim can be located. State law permits victims to come forward at any time to claim restitution collected on their behalf. [2260]
Yes. If you were ordered to pay restitution directly to the victim of a crime (“direct order”), and that victim has died, the executor or administrator of the victim’s estate will begin receiving restitution payments on his or her behalf. [2261] Of course, restitution can only be awarded for economic losses the victim incurred before he or she died, so any additional economic losses incurred after or as a result of the victim’s death are not your responsibility. [2262]
If you don’t make payments on time or don’t go to court when you’re supposed to, the judge adds an extra fee of $300 to your debt. This is called a “civil assessment.” If the reason you didn’t pay or appear in court was because you were incarcerated, and you were charged with a civil assessment as a result, you should be able to get it waived by filing a “Petition to Vacate Civil Assessment.” This form is available from the court clerk. A sample form is also available in Appendix H, PG. 702.
As discussed on PG. 656, court fines and penalties are debts you may incur as punishment or consequences for the crime you were charged with. Court administrative fees are the fees that are paid for the daily operation of the court. While these two debts are different, here these debts are discussed together because they are usually grouped together (totaled) when discussing how much you owe the court and require you to pay both fees together and to pay these fees to one office.
The process for collecting court fines and fees is complicated and may be different from county to county. In general, you can follow these instructions: [2263]
See PG. 669 (Step 1 on how to find out how much you owe in court fines and administrative fees) for instructions on how to identify and contact the court(s) where you were convicted.
Different counties have different methods for collecting court fines and fees. Depending on where you are located, collection may be handled by different agencies, including the court itself, a county agency, a private collection agency, or the Franchise Tax Board. See PG. 669 above (Steps 2-3 on how to find out how much you owe in court fines and administrative fees) for instructions on how to identify and contact the agency(ies) in charge of collecting your debt. Remember that your debts may be collected by several different collection agencies, so you may need to contact each of these different agencies about making payments.
When you contact the collection agency or court that’s in charge of your debt, a representative can help you design a payment plan that works best for your situation. The goal is to create a plan that will prevent you from facing extra fees or other penalties (like a hold on your DMV record) that can result from late or insufficient payments.
It is important to be open and honest about your current financial situation, including whether or not you have a job, pay child support, or owe any other debts or payments. Most of the time, the collection representative will take these things into account and work with you to create a plan that you can realistically stick to.
Depending on your individual situation and the amount of money you owe, the collection agency may ask you to pay everything off right away. In other situations, they may allow you to set up a payment plan so that you make smaller payments over time. Remember that the agency or court might charge a fee to cover the costs of managing your payment plan, and might charge additional fees for each payment you make. [2264] Collection agencies can also charge BIG penalty fees for any late payments (or even demand that you pay off the entire remaining amount due). Make sure you ask about fees and penalties and/or read the fine print before you agree to a payment plan!
If you don’t keep up with your payments, your debt becomes delinquent (overdue). The agency in charge of collecting your debt will send a notice letter to your last known address explaining that your payment is overdue. [2265] After 10 days, the court or agency may order you to pay extra fees on top of what you already owe, or they may put a hold on your DMV record. [2266] The amount of late fees you may owe will depend on many factors, including what county your debt is in, what agency is in charge of collection, and the amount of debt you owe. (For more information on fair debt collection practices, see Appendix F, PG. 693.)
IN GENERAL, YOUR INABILITY TO PAY WILL NOT BE CONSIDERED A VIOLATION IF IT IS DUE TO CIRCUMSTANCES BEYOND YOUR CONTROL. However, in more serious cases, you could have your probation extended or even revoked if :
For this reason, it is very important that you speak with your probation officer and make it clear that you are not avoiding payments on purpose. If you are able to make even very small payments, this will help show the court and your probation officer that you are making an effort.
It depends on the type of traffic fine.
The ticket will also indicate whether you have a “ correctable violation .” If so, you can have your ticket AND traffic fine dismissed by fixing the problem, showing proof that you have made the correction, and paying a dismissal fee. [2274] To get proof that you have corrected the problem, you must get an authorized person to sign the “ Certificate of Correction ” line on your ticket. Bring the signed ticket and your dismissal fee payment to the court clerk BEFORE the deadline on the ticket. (In some cases, you may also be able to send your proof of correction and payment by mail—check your ticket or contact the court to find out.) The court will then dismiss your case and it will not go on your record.
TRAFFIC SCHOOL MIGHT BE AN OPTION:
In some cases, you may be able to attend traffic school for your ticket. [2275] Traffic school is a driver training class that you can take to make sure that your ticket does not show on your driving record. Tickets can impact your driving record by adding “points” to it. Points on your record can cause your insurance rate to increase and can even result in the suspension or revocation of your license.
You may get a letter from the court telling you if traffic school is an option, but you can also contact the court directly to ask. If the court lets you go to traffic school, you will need to complete the course by a specific deadline and provide a certificate of completion to prove that you have completed it. [2276] Make sure you attend a traffic school that is approved by the court, otherwise you will not receive credit for completing the course. The court can provide you with a list of approved schools.
If you successfully complete traffic school, your ticket will still go on your driving record, but it will be made confidential (hidden). [2277] Also, you will still have to pay all of your traffic fines, AND you will also have to pay additional enrollment fees to the court and to the traffic school. [2278] However, you will NOT get any points added to your driving record, [2279] which means your insurance rates won’t go up and your license will not be in danger of suspension or revocation. So, even though traffic school can cost you MORE money in the SHORT term, it can SAVE you a lot of money and trouble in the LONG run. For more information on traffic school, ask the traffic court clerk or visit the Judicial Council website at http://www.courts.ca.gov/9410.htm .
Generally, you can go to traffic school if:
Some reasons why you may NOT be eligible for traffic school:
For OLD infraction tickets , you will need to find out which court or agency is in charge of collecting your fines (see PG. 665) and how much you owe (see PG. 670). Then contact that agency to find out how to pay off your fines.
For misdemeanor tickets : You will need to go to court in the county where you got the ticket, on the day and time listed on your ticket. The court will tell you how much you owe, and you will make payments to the court.
For OLD misdemeanor tickets , you will need to find out which court or agency is in charge of collecting your fines (see PG. 665) and how much you owe (see PG. 670). Then contact that agency to find out how to pay off your fines.
IMPORTANT: Remember, you must pay your fines BEFORE the deadline listed on the ticket or given by the court. If you don’t pay your fines on time, you can be charged double in penalties and your case may be referred to a collection agency. The DMV may also put a hold on your registration or driver license, until you pay your fines. [2281]
It depends on the type of traffic fine.
Talk to the parking agency (or collection agency, if your parking fines were sent to collections) about setting up a payment plan . Keep in mind that the payment plan may charge additional fees, as well as big penalties for missed payments— so make sure to ask about any fees and penalties before you sign up!
Check with the local traffic court to ask about any programs that could help you deal with traffic debt related to a misdemeanor or infraction. If you have any open warrants (or are unsure), check first with your local public defender to see what your options are
IMPORTANT WARNING FOR PEOPLE WITH OPEN WARRANTS: if there’s ANY possibility that you might have an outstanding warrant for your arrest—for ANY reason (including new charges against you or a failure to appear in court) from ANY county—it is recommended that you call the public defender or a private lawyer to check on your warrant status first, and to ask what your options are.
UPDATE: The Traffic Amnesty Program was a one-time opportunity to reduce overall fines on old traffic tickets that are eligible for the program. [2282] The program ended on March 31, 2017. The program helped 200,000 Californians get their driver license back after they had been suspended due to failure to appear in court (called “FTA”), [2283] OR for failure to pay traffic tickets/traffic fines (called “FTP”). [2284] Now that the program has ended, check with your local traffic court about any programs that help to reduce traffic court debt and reinstate licenses.
Also, if you have a Failure to Appear (FTA), Failure to Pay (FTP), or other failure to comply on your DMV record (which may be the reason your Driver License was suspended and/or make it difficult to renew your license), and the charge is more than 5 years old , you may be able to get the charge erased from your DMV record and reinstate your license by calling the DMV Mandatory Actions Line at 916-657-6525. [2285]
It depends on the type of court-ordered debt.
As we have stated, restitution is mandatory and stays with you for life. However, a judge may order you to do community service instead of paying restitution if he or she finds “compelling and extraordinary reasons” for doing so. Again, your inability to pay is not a compelling or extraordinary reason. [2286]
It is often possible to get your fines and fees reduced or forgiven (“ vacated ”) by the court. However, it depends heavily on what county your debt is from, and which judge is considering your case.
In general, judges are more likely to reduce or waive fines and fees if you can show that:
Here are some ways that you may be able to reduce, forgive, or otherwise satisfy your fines and fees:
IMPORTANT INFORMATION ABOUT PAYING YOUR COURT-ORDERED DEBT: [2291]
Expenses from traffic fines and fees may seem unimportant if you do not have a car and/or you do not drive frequently. However, remember that these fees (like the other fees discussed in this Chapter) may have a significant impact on your parole or probation conditions and/or finding employment. Because of their impact, it can help to find out if you have any tickets and if you owe any fees, so you can make informed future decisions about how to resolve your debt.
Many people struggle with different types of debt, but it can be particularly difficult if you are trying to rebuild your life after incarceration. If you have court-ordered debt, the bottom line is, you will likely have to figure out a way to pay it off at some point. Hopefully this Chapter gave you some useful information to help you not only minimize the debt itself, but also its impact on your life.
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The Fair Debt Collection Practices Act (FDCPA) is a federal law that prohibits debt collectors from using abusive, unfair, dishonest, or misleading practices to collect money from you. The Federal Trade Commission (FTC) is the federal government’s agency that enforces your rights under the FDCPA. [2293]
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy overdue debts and then try to collect them.
Here are some questions and answers about your rights under the Act.
No. A debt collector may not contact you at inconvenient times or places, such as before 8 AM or after 9 PM, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that:
Write a letter to the debt collector and make a copy of the letter (see PG. 696 below for a sample letter). Send the original by certified mail, and pay for a “return receipt” so you’ll be able to prove that the collector received the letter. Once the collector receives your letter, they may not contact you again, with two exceptions: A collector can contact you to (1) tell you there will be no further contact, or (2) let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector to whom you owe money will NOT get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you in court to collect the debt.
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.
If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification (proof) of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written proof of the debt, like a copy of a bill for the amount you owe.
Harassment: Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
False statements: Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
> Debt collectors also are prohibited from saying that :
> Debt collectors may not :
Unfair practices : Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don’t think you owe.
If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
Many federal benefits are exempt from garnishment (meaning they cannot be taken to pay certain debts), including:
BUT federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
Report any problems you have with a debt collector to the California Attorney General’s office, the Federal Trade Commission, and the Consumer Financial Protection Bureau. California has its own debt collection laws that may give you more rights and protections than the federal Fair Debt Collection Practices Act.
California Attorney General – Public Inquiry Unity
Telephone: (800) 322-3360
Website:
http://oag.ca.gov/contact/general-comment-question-or-complaint-form
Federal Trade Commission – Consumer Response Center
Telephone: (877) 382-4357
Website:
https://www.ftccomplaintassistant.gov/#crnt&panel1-8
Consumer Financial Protection Bureau
Telephone: (855) 411-2372
Website:
http://www.consumerfinance.gov/Complaint/#debt-collection
[Your Name]
[Your Address]
[Date]
[Name of Collection Agency]
[Address of Collection Agency]
RE: Notice to Cease Contact: Case # ________
[Note: If the collection agency has sent written notice, your case number is likely in the letter. If you have not received a written notice from the collection agency, you can put other information to identify your case. For example, show the date you were contacted by the collection agency.]
To [ person whose name appears on agency's notice to you ]:
On [ date ], I was contacted by [ name of person who called you ] from your agency, who informed me that [ name of collection agency ] is attempting to collect [ amount of claimed debt ].
[OR]
On [ date ] I received a written notice of the claimed debt, a copy of which is attached.
This is to give you notice to cease all contact with me or anyone else except the creditor about this claimed debt. If you must contact me, please do so in writing and not by telephone. I look forward to your acknowledgement that you have received this notice by [ put date that is two weeks after the date of your letter ].
Sincerely,
[Your signature]
[Your name]
|
County/Court |
Hours (M-F, except holidays) |
Phone Number |
|
Alameda County Central Collections |
8 a.m.–5 p.m. |
510.208.9900 |
|
Alameda County Superior Court |
8 a.m.–5 p.m. |
877.541.8420 |
|
Amador Superior Court |
9:30 a.m.–4 p.m. |
209.257.2605 |
|
Butte County Treasurer–Tax Collector |
8 a.m.–5 p.m. |
530.538.7362 |
|
Calaveras County Superior Court |
8 a.m.–4 p.m. |
209.754.5970 |
|
California Department of Corrections & Rehabilitation |
8 a.m.–5 p.m. |
916.322.6676 |
|
California Victims Compensation & Government Claims Board |
8 a.m.–5 p.m. |
916.324.1933 |
|
Contra Costa Probation |
8 a.m.–5 p.m. |
925.313.4002 |
|
Contra Costa Superior Court |
7:30 a.m.–5 p.m. |
925.646.1952 |
|
Del Norte County Tax Collector |
8 a.m.–5 p.m. |
707.464.7283 |
|
El Dorado County Revenue Recovery |
8 a.m.–5 p.m. |
530.621.5780 |
|
Fresno County Revenue/ Reimbursement |
8 a.m.–5 p.m. |
559.600.3815 |
|
Fresno Superior Court |
8 a.m.–4 p.m. |
559.457.1700 |
|
Glenn County Superior Court |
8:30 a.m.–5 p.m. |
530.225.3662 |
|
Humboldt County Revenue Recovery |
7:30 a.m.–4:30 p.m. |
707.476.2398 |
|
Imperial County Superior Court |
8 a.m.–4 p.m. |
760.336.3510 |
|
Inyo Superior |
8 a.m.–5 p.m. |
760.872.3038 |
|
Kern County Probation Collection & Revenue |
8 a.m.–5 p.m. |
661.868.4255 |
|
Kern Superior Court – RRD |
8 a.m.–5 p.m. |
661.868.2619 |
|
Kern Superior Court – ATA Taft |
8 a.m.–5 p.m. |
661.763.8566 |
|
Kern Superior Court – AKR Lake Isabella |
8 a.m.–5 p.m. |
760.549.2000 |
|
Kern Superior Court – AMO Mojave |
8 a.m.–5 p.m. |
661.824.7100 |
|
Kern Superior Court – ASH Shafter |
8 a.m.–5 p.m. |
661.746.7500 |
|
Kern Superior Court – AWM Bakersfield |
8 a.m.–5 p.m. |
661.868.2382 |
|
Kern Superior Court – ALA Lamont |
8 a.m.–5 p.m. |
661.868.5800 |
|
Kern Superior Court – ARI Ridgecrest |
8 a.m.–5 p.m. |
760.384.5900 |
|
Kern Superior Court – ADE Delano |
8 a.m.–5 p.m. |
661.720.5800 |
|
Kings Superior |
8 a.m.–5 p.m. |
559.582.1010 |
|
Lake County Tax Collectors |
9 a.m.–5 p.m. |
707.263.2583 |
|
Lassen County Recovery and Reimbursement |
8 a.m.–4 p.m. |
530.251.8401 |
|
Lassen Superior Court |
8 a.m.–5 p.m. |
530.245.6739 |
|
Los Angeles Superior – Airport |
8:30 a.m.–4:30 p.m. |
310.727.6084 |
|
Los Angeles Superior – Alhambra |
8:30 a.m.–4:30 p.m. |
626.308.5309 |
|
Los Angeles Superior – Antelope Valley |
8:30 a.m.–4:30 p.m. |
661.974.7201 |
|
Los Angeles Superior – Bellflower |
8:30 a.m.–4:30 p.m. |
562.804.8162 |
|
Los Angeles Superior – Beverly Hills |
8 a.m.–4:30 p.m. |
310.288.1310 |
|
Los Angeles Superior – Burbank |
8 a.m.–5 p.m. |
818.557.3466 |
|
Los Angeles Superior – Clara S. Foltz |
8:30 a.m.–4:30 p.m. |
213.893.0751 |
|
Los Angeles Superior – Compton |
8:30 a.m.–4:30 p.m. |
310.603.7714 |
|
Los Angeles Superior – Downey |
8 a.m.–5 p.m. |
562.803.7043 |
|
Los Angeles Superior – East LA |
2 p.m.–4 p.m. |
323.780.2025 |
|
Los Angeles Superior – El Monte |
8:30 a.m.–4:30 p.m. |
626.459.8844 |
|
Los Angeles Superior – Glendale |
8:30 a.m.–4:30 p.m. |
818.500.3263 |
|
Los Angeles Superior – Hollywood |
8:30 a.m.–4:30 p.m. |
323.856.5770 |
|
Los Angeles Superior – Huntington Park |
8 a.m.–5 p.m. |
323.586.6363 |
|
Los Angeles Superior – Inglewood |
8:30 a.m.–4:30 p.m. |
310.419.5128 |
|
Los Angeles Superior – LA Central |
8 a.m.–5:00 p.m. |
213.974.7820 |
|
Los Angeles Superior – Long Beach |
8:30 a.m.–4:30 p.m. |
562.491.6573 |
|
Los Angeles Superior – Malibu |
8:30 a.m.–4:30 p.m. |
310.317.1335 |
|
Los Angeles Superior – Metro |
8:30 a.m.–4:30 p.m. |
213.744.4531 |
|
Los Angeles Superior – Pasadena |
8:30 a.m.–4:30 p.m. |
626.356.5695 |
|
Los Angeles Superior – Pomona |
8:30 a.m.–4:30 p.m. |
909.802.9944 |
|
Los Angeles Superior – San Fernando |
8:30 a.m.–4:30 p.m. |
818.898.2407 |
|
Los Angeles Superior – San Pedro |
8:30 a.m.–4:30 p.m. |
562.491.6229 |
|
Los Angeles Superior – Santa Clarita |
8:30 a.m.–4:30 p.m. |
661.253.7383 |
|
Los Angeles Superior – Torrance |
8:15 a.m.–4:30 p.m. |
310.222.6506 |
|
Los Angeles Superior – Van Nuys |
8 a.m.–5 p.m. |
818.374.2641 |
|
Los Angeles Superior – West Covina |
8:30 a.m.–4:30 p.m. |
626.813.3204 |
|
Los Angeles Superior – Whittier |
8:30 a.m.–4:30 p.m. |
562.907.3113 |
|
Madera County Revenue Services |
8 a.m.–5 p.m. |
559.675.7619 |
|
Madera Superior |
8 a.m.–4 p.m. |
559.675.7944 |
|
Marin County Central Collections |
8 a.m.–4:30 p.m. |
415.473.7555 |
|
Marin County Enhanced Court Collections |
8 a.m.–4:30 p.m. |
415.473.3150 |
|
Mariposa County Probation |
8 a.m.–5 p.m. |
209.966.3612 |
|
Mendocino County Court Collection Unit |
8 a.m.–4 p.m. |
707.463.7240 |
|
Merced County Revenue & Reimbursement |
8 a.m.–5 p.m. |
209.385.7413 |
|
Merced County Superior Court |
7:30 a.m.–4 p.m. |
209.725.4100 |
|
Modoc County Superior Court |
8:30 a.m.–4 p.m. |
530.233.6726 |
|
Mono County Superior Court |
8:30 a.m.–4 p.m. |
760.924.5444 |
|
Monterey County Revenue Division |
8 a.m.–5 p.m. |
831.755.5042 |
|
Napa County Superior Court |
8 a.m.–5 p.m. |
707.299.1160 |
|
Nevada County Collections |
8 a.m.–5 p.m. |
530.265.1266 |
|
Nevada Superior Court |
8 a.m.–5 p.m. |
530.265.1311 |
|
Nevada Superior Truckee |
8 a.m.–5 p.m. |
530.582.7835 |
|
Orange County Probation |
8 a.m.–5 p.m. |
714.935.7411 |
|
Orange County Superior – Central Justice Center |
7:30 a.m.–4 p.m. |
877.872.2122 |
|
Orange County Superior – Centralized Collections Irvine |
8 a.m.–5 p.m. |
877.872.2122 |
|
Orange County Superior–Newport Beach |
8 a.m. – 4 p.m. |
877.872.2122 |
|
Orange County Superior–Laguna Hills |
8 a.m.–4 p.m. |
877.872.2122 |
|
Orange Superior North Justice Center |
8 a.m.–4 p.m. |
877.872.2122 |
|
Orange County Superior West Justice Center |
8 a.m.–4 p.m. |
877.872.2122 |
|
Placer County Revenue Services |
8 a.m.–5 p.m. |
916.543.3900 |
|
Plumas County Treasurer & Tax Collector |
8 a.m.–5 p.m. |
530.283.6259 |
|
Riverside Superior Court |
7:30 a.m.–4 p.m. |
877.955.34630 |
|
Sacramento County Division of Revenue Recovery |
7:30 a.m.–4:45 p.m. |
916.875.7500 |
|
San Benito Superior |
8 a.m.–4 p.m. |
831.636.4057 |
|
San Bernardino County Central Collections |
9 a.m.–4 p.m. |
909.387.8303 |
|
San Bernardino Superior and all annexes |
8 a.m.–4 p.m. |
909.387.1470 |
|
San Diego Probation Revenue Recovery |
8 a.m.–5 p.m. |
619.515.6200 |
|
San Diego Superior Court/ Alliance One |
8 a.m.–5 p.m. |
877.541.8420 |
|
San Francisco County Superior Court |
8:30 a.m.–4 p.m. |
415.551.8550 |
|
San Joaquin County Office of Revenue/ Recovery |
8 a.m.–5 p.m. |
209.468.2100 |
|
San Luis Obispo County Probation Collection |
8 a.m.–5 p.m. |
805.781.4174 |
|
San Luis Obispo Superior Court |
8:30 a.m.–4 p.m. |
805.781.5675 |
|
San Mateo County Revenue Services |
8 a.m.–5 p.m. |
650.363.4155 |
|
Santa Barbara County Probation Collection |
8 a.m.—5:30 p.m. |
805.882.3741 |
|
Santa Barbara Superior N |
7:30 a.m.–4:30 p.m. |
805.882.4696 |
|
Santa Barbara Superior S |
7:30 a.m.–4:30 p.m. |
805.568.3203 |
|
Santa Clara County Department of Revenue |
7:30 a.m.–6:45 p.m. |
408.282.3290 |
|
Santa Clara Superior Court |
8:30 a.m.–4 p.m. |
877.541.8420 |
|
Santa Cruz County Treasurer/ Alliance One |
8 a.m.–5 p.m. |
877.541.8420 |
|
Shasta County Superior Court Collections |
8:30 a.m.–4 p.m. |
530.245.6789 |
|
Sierra County Superior Court |
8 a.m.–5 p.m. |
530.245.6339 |
|
Sonoma County Central Collections |
8 a.m.–5 p.m. |
707.565.2817 |
|
Sonoma Superior Court |
8 a.m.–4:30 p.m. |
707.521.6659 |
|
Stanislaus County Treasurer Tax Collector Revenue Recovery |
8 a.m.–5 p.m. |
209.525.4450 |
|
Stanislaus Superior |
8 a.m.–2 p.m. |
209.530.3115 |
|
Sutter County Office of Revenue Collection |
8 a.m.–5 p.m. |
530.822.7172 |
|
Sutter Superior |
8 a.m.–5 p.m. |
530.822.3301 |
|
Tehama County Superior Court |
8 a.m.–5 p.m. |
530.245.6339 |
|
Trinity Probation |
8 a.m.–4 p.m. |
530.623.1204 |
|
Tulare County Superior Court |
8 a.m.–4 p.m. |
559.730.5000 |
|
Tulare Probation Department |
8 a.m.–5 p.m. |
559.713.2786 |
|
Tuolumne County Revenue Recovery |
8 a.m.–5 p.m. |
209.533.5920 |
|
Ventura County Superior Court |
8 a.m.–5 p.m. |
805.639.5010 |
|
Yolo County Office of Revenue Recovery |
8 a.m.–4 p.m. |
530.666.8668 |
|
Yuba Superior |
8 a.m.–5 p.m. |
530.225.3772 |
See next page.
See next page.
The FAMILY & CHILDREN CHAPTER will give you an overview of the issues that parents and caregivers experience when trying to reconnect with and care for their children, as well as legal issues that arise during incarceration related to children, spouses/partners, and other family-related issues. This Chapter will teach you how to establish or re-establish your rights, responsibilities, and relationship with your child(ren), and how to navigate the family court systems so that you can best handle any issues related to custody, guardianship, juvenile dependency/CPS cases, visitation, child support, spousal support, paternity, and ending marriages or domestic partnerships.
DISCLAIMER – YOUR RESPONSIBILITY WHEN USING THIS GUIDE: When putting together the Roadmap to Reentry: A California Legal Guide , we did our best to give you useful and accurate information. However, the laws change frequently and are subject to differing interpretations. We do not always have the resources to make changes to this informational material every time the law changes. If you use information from the Roadmap to Reentry legal guide, it is your responsibility to make sure that the law has not changed and applies to your particular situation. If you are incarcerated, most of the materials you need should be available in your institution’s law library. The Roadmap to Reentry guide is not intending to give legal advice, but rather legal information. No attorney-client relationship is created by using any information in this guide. You should always consult your own attorney if you need legal advice specific to your situation.
FAMILY & CHILDREN: TABLE OF CONTENTS
I. Introduction 715
Key Terms in the Family & Children Chapter 715
The Impact of a Criminal Record on a Legal Case About Your Child or Grandchild 718
What is a criminal record? 718
How will my criminal record impact my ability to reconnect with my child or grandchild? 718
Are there any convictions that will automatically ban me from reconnecting with my child or grandchild? 719
II. The Rights of Parents & Grandparents 720
Any Automatic Rights? 720
Do I automatically have a right to care for my child or grandchild? 720
III. Basic Steps to Reconnect with Your Child or Grandchild 721
I am in reentry, and I want to reconnect with my child or grandchild. Where can I start? 721
IV. Defining Custody & Visitation 725
What do custody and visitation have to do with my reentry? 725
Custody 725
What does custody mean? 725
What do legal and physical custody arrangements look like in real life? 726
Visitation 726
What does visitation mean? 726
What do visitation arrangements look like in real life? 727
V. Judges, Courts & the “Best Interest of the Child” Legal Standard 728
Why would the courts be involved in my family matters? 728
What factors does a judge look at when making a decision about custody and visitation with my child/grandchild? 728
I have a history of substance abuse. How will this impact my ability to reconnect with my child or grandchild? 729
Would it help my family law case to clean up my record? 729
VI. Protective Court Orders & “NO-CONTACT” CONDITIONS 730
I believe there is a protective order or “no-contact” condition against me. What can I do? 730
What could happen if I violate a court’s protective order or a “no-contact” condition of my supervision? 730
How do I challenge a protective order or “no-contact” condition of my parole or probation? 731
Additional Restrictions from Parole or Probation & Your General Rights 731
I am on parole or probation. How could this impact my ability to reconnect with my child or grandchild? 731
VII. The Three Courts that Handle Family MATTERS & Navigating Them 733
Introduction to the Three Courts that Handle Family & Children Matters 733
What are the different courts in California that make decisions about family and children? 733
Where can I find the court forms I need to start a case in one of the 3 family-related courts? 735
I am currently incarcerated. Can I go to a court hearing for a case involving my child? 735
I am currently incarcerated. Can I get visitation ordered with my child? 736
VIII. Family Court 737
What is family court? 737
Why would I go to family court to reconnect with my child or grandchild? 737
How can a judge’s decision in family court affect my rights as a parent ? 737
How can a judge’s decision in family court affect my rights as a grandparent ? 737
How will a family court judge decide if I get custody or visitation with my child or grandchild? 737
Are there any convictions that will automatically ban me from reconnecting with my child or grandchild in family court? 738
What can I show the family court judge that custody or visitation with me is in the “best interest of the child”? 739
What can I do to show mitigating circumstances related to my criminal record? 740
What are alternatives to reconnecting with my child/grandchild without going to family court? 740
IX. Probate Court Guardianships 741
What is probate court? 741
Why would I have to go to probate court to reconnect with my child or grandchild? 741
CHART: How is guardianship different than adoption or foster care? 742
Scenario 1: Reconnecting with your Child in Probate Court 742
Why would I go to probate court to end a guardianship? 742
If I have been incarcerated and someone else is the guardian of my child, what are my legal rights as a parent? 742
How can a judge’s decision in probate court affect my rights as a parent? 743
How will a judge in probate court decide if I get custody or visitation with my child? 743
Are there convictions that will automatically ban me from reconnecting with my child in probate court? 743
What can I do to show the probate court judge that custody or visitation with me is in the “best interest of the child”? 743
What can I do to reduce the weight the judge gives my criminal record? 743
Scenario 2: Becoming the Probate Guardian of Someone Else’s Child When You Have a Record 743
What is a legal guardian? 743
Who can be a legal guardian? 744
How can my criminal record affect my chances of being appointed as a guardian in probate court for someone else’s child? 744
What can I do to show the probate court judge that custody or visitation with me is in the “best interest of the child”? 745
What are some alternatives to becoming a guardian through the probate court? 745
How could the probate court help me financially take care of someone else’s child? 746
X. Juvenile dependency court 747
What is juvenile dependency court? 747
Why would i go to juvenile dependency court? 748
Scenario 1: Reconnecting with your Child(ren) in Dependency Court 748
Why would i go to juvenile dependency court to reconnect with my child? 748
How can a judge’s decision in juvenile dependency court affect my rights as a parent ? 748
How will a dependency court judge decide if I get custody or visitation with my child? 749
Are there any convictions that will automatically ban me from reconnecting with my child in dependency court? 749
My parental rights were terminated while I was incarcerated. What can I do? 750
My child was placed in foster care while i was incarcerated. what can i do to reconnect? 750
What can I show the dependency court judge that custody or visitation with me is in the “best interest of the child”? 751
What can I do to show mitigating circumstances and rehabilitative evidence related to my criminal record? 752
Requesting a Change to a Dependency Court Order 752
If there is already an order about my child from a judge in juvenile dependency court, how do I ask for greater custody or visitation rights? 752
Scenario 2: Becoming a Foster Care Parent or Guardian of Someone Else’s Child through Juvenile Dependency Court 753
Becoming a Foster Care Parent with a Record through Juvenile Dependency Court 753
What is foster care? 753
Who can be a child’s foster parent? 753
How could my criminal record affect my ability to become a foster parent? 753
What is the background check process for potential foster parents? 753
What convictions will bar me from becoming a foster parent? 754
What convictions might prevent me from becoming a foster parent? 754
Becoming a Guardian with a Record through Dependency Court 755
What is a juvenile court guardianship? 755
Who can be a child’s legal guardian in dependency court? 755
How could my criminal record affect my ability to be appointed as the child’s guardian in dependency court? 755
XI. Juvenile Deliquency Court: Just the Basics 757
What is juvenile delinquency court? 757
How could a case in juvenile delinquency court affect my ability to reconnect with my child in my reentry? 757
What could happen to my parental rights if my child has a case in juvenile delinquency court? 757
Could my criminal record affect my child’s case in juvenile delinquency court? 758
XII. Becoming an Adoptive Parent with a Record 759
What is adoption? 759
What is the background check process for potential adoptive parents? 759
Can I adopt a child if I have a criminal record? 759
My child was adopted out while I was incarcerated. What can I do to reconnect? 760
XIII. Family Issues Inside Prison or Jail 761
Pregnancy & Mothering While Incarcerated 761
I gave birth while incarcerated. How do I connect with my child after I am released? 761
What can I do to show that I am able to parent my child after my release? 761
Restrictions on Children Visiting Currently Incarcerated Parents 762
Can my children visit me in state prison? 762
How do I get a court order to reinstate visitation with my child? 762
What is the Institution Classification Committee and how do I request contact visits through it? 763
I was arrested for a child-related offense, but not convicted. Can my child visit me in jail or prison? 763
Paternity/Parentage Issues 764
What is paternity/parentage? 764
Why does legal paternity/parentage matter? 764
What does paternity have to do with my reentry? 764
Can my criminal record affect paternity issues and reconnecting with my child? 764
How do I establish parentage? 765
Can i establish my parentage in court while i am incarcerated? 765
XIV. Ending a Marriage or Domestic Partnership (Divorce & Separation) 766
Can I end a marriage or domestic partnership while I am incarcerated? 768
divorce Questions while incarcerated & after release from prison or jail 768
Can I file for divorce while I am incarcerated? 768
I was incarcerated and have an order not to contact my spouse. How do I get a divorce? 768
I was incarcerated, and now I cannot find my spouse. How do I get a divorce? 768
my spouse wants a divorce and i am incarcerated. how will i be notified? what should i do? 768
XV. Managing & Navigating Spousal & Child Support 770
What is a family-related court-ordered debt? 770
How will owing family-related court-ordered debts affect my reentry? 770
Child Support Debt 770
Basics of Child Support 770
What is child support? 770
Who has to pay child support? 770
Who receives my child support payments? 771
How will owing child support affect my reentry? 771
How do I find out whether I owe child support and how much I owe? 772
Managing Your Child Support Payments 772
I am currently incarcerated. Do my child support payments automatically stop when I am in prison or jail? 772
Will my child support payments automatically begin when I am released from prison or jail? 773
How do I make child support payments? 773
What can i do if my money is being taken out of my salary for overdue child support payments? 774
Can I change or adjust the amount of child support I owe? …While I am incarcerated? …After my release? 774
I am formerly incarcerated and owe money for past, overdue child support payments (“arrears”). How can I change these arrears? 777
Can I get rid of my past, overdue child support debt? 777
I receive public benefits. Can a portion of my public benefits be taken to pay for child support? 778
Consequences for Failing to Pay Child Support 779
Can I be in violation of my supervision or parole if I fail to pay child support? 779
Can I go to jail for not paying child support? 779
Spousal Support Debt 780
Basics of Spousal Support Debt 780
What is spousal support? 780
who has to pay spousal support? 780
How will owing spousal support affect my reentry? 780
How do I find out if I owe spousal support and how much I owe? 780
Managing Spousal Support Payments 780
I received legal papers about spousal support. What can I do? 780
I am currently incarcerated. Do my spousal support payments automatically stop while I am in prison or jail? 781
Do my spousal support payments automatically begin when I am released from prison? 781
How are spousal support payments made? 781
How do payments made by earnings assignment work? 781
Can I change the amount of spousal support I owE (while i am incarcerated or after my release)? 781
I am formerly incarcerated and owe money for past, overdue spousal support payments (“arrears”). How can I change these arrears? 782
Can I get rid of my past, over due spousal support payments? 782
I receive public benefits. Can a portion of my public benefits be taken to pay for spousal support? 782
Consequences for Failing to Pay Spousal Support 782
Can I be in violation of my supervision or parole if I fail to pay spousal support? 782
Can I go to jail for not paying spousal support? 782
Requesting spousal support payments 783
Can I ask for spousal support while I am incarcerated? 783
XVI. Domestic Violence & Restraining orders 784
Overview of Domestic Violence restraining orders & Violations 784
What is domestic violence? 784
What is a domestic violence restraining order? 784
CHART: Different types of domestic violence restraining orders 785
What can a restraining order do? 785
What can’t a domestic violence restraining order do? 786
I have a restraining order against me. what must i do? 786
What could happen if I violate a restraining order against me? 786
What could happen if my partner—who got the restraining order against me—contacts or visits me? 786
XVII. Conclusion 786
FAMILY & CHILDREN APPENDIX 787
IMPORTANT! Always follow the conditions of any Criminal Protective Orders, Personal Conduct No-Contact Orders, or Supervision Conditions against you. For more information, go to PG 730.
Family support is the biggest predictor of success in reentry. [2295] Yet family law can be confusing and few family law attorneys represent people in reentry for free. This Chapter aims to provide you with information and resources on how to navigate legal issues related to your family and children, so you will be better equipped upon release.
This Chapter will explain basic family law issues you may face during your reentry. These issues are:
This Chapter will guide you through different legal questions that come up and different options you have as a parent, grandparent, spouse, or partner. It will also explain what your rights are as a parent or grandparent with a criminal record trying to reunify with your child or grandchild and/or gain greater legal rights.
We hope to provide you with the information you need to establish a positive relationship with your family and your community.
QUESTIONS? If you have questions after reading this Chapter, we recommend that you contact a lawyer, a case manager, or a trusted friend in the community to help you work through this material. You can also contact Root & Rebound and we will try to provide further assistance or referrals (call our Reentry Legal Hotline any Friday, 9 AM – 5 PM PST at phone number 510-279-4662, write to us at Root & Rebound, 1730 Franklin St., Suite 300, Oakland, CA 94612, or email us at roadmap@rootandrebound.org ). You may also want to contact a local legal aid organization for help with your case. You can find a list of legal aid organizations across California on PG. 1075 at the back of guide.
If you are a parent or caregiver with a criminal record, and you have legal issues related to your family situation, it can help to know some basic legal concepts like: What is a guardian? What are custody and visitation? Here, we explain the definitions of some of the key terms that will appear again and again in this Chapter, so you can refer back.
Adoption: Adoption means giving complete parental rights and responsibilities to someone who is not the child’s biological (“by blood”) parent. Once the adoption is final, the adoptive parents are considered to be the child’s new legal parents, and the child’s birth parents no longer have any rights to the child. Adoption is permanent, meaning it generally can’t be changed afterward. An adoptive parent can be a stepparent or domestic partner of one of the child’s birth parents, a relative who has been caring for the child, or someone not related to the child by blood.
Arrears: Arrears are unpaid, overdue child support payments (child support debt). In other words, arrears are money you owe from past child support payments that you did not make. Arrears are different from current child support payments that you have to make now, which cover the cost of caring for your child today. Often, there are different rules for arrears (child support debt) and current child support payments (child support you owe now), so it’s important to know the difference. In addition, the state will charge you interest (10%) on your arrears, so the debt amount you owe will continue to increase—even if you’re actively paying your current child support payments.
“Best Interest of the Child”: This is the legal standard in any legal case involving a child’s care (like child custody and visitation cases) that the judge will use. The judge will ask what is in the “best interest of the child,” looking at factors like: the parent or caregiver’s criminal records and Child Protective Services (CPD) record, the child’s health and safety, and whether the child will be raised in a stable and loving environment.
Case Plan: A case plan is created by Child Protective Services (CPS) when it gets involved in a case regarding your child. The case plan sets out the steps you must take to get your child back. For example, a case plan could require you to attend parenting or counseling classes, participate in substance abuse treatment, and/or visit with your child. If CPS has removed your child from your home, your CPS social worker or the juvenile dependency court judge should give you a copy of your case plan, and as part of the case plan, the county must offer you certain programs and services that you need to complete your case plan for a limited amount of time upon reentry (see the term for “Family Reunification Services” for more information below).
Caregiver: A caregiver is a person responsible for a child’s care and supervision from day to day. The caregiver may or may not be the child’s biological parent OR the child’s legal guardian. In some cases, a caregiver who is a close blood relative of the child will have more legal rights in a given situation than a non-relative (meaning unrelated) caregiver.
The person caring for your child may be the child’s other parent , or may be a relative, family friend, foster parent, or someone else who has a relationship with your child. These are just some examples of people who might be caregivers – so your child’s situation may be different!
Child Support Payment: A judge may order the parent who does not have custody (see definition below) of the child to pay child support to the parent who does have custody of the child. This “child support payment” is to help cover the cost of caring for the child.
Child Protective Services (CPS): CPS is the part of the California Department of Social Services (CDSS) that responds to reports of child abuse or neglect. Every county in California has a CPS office.
Court Order: A “court order” is a decision by a judge in court, usually in writing. A court order requires someone to do OR not do something. A court order might say whether you currently have custody and/or visitation with your child; who else has custody and/or visitation with your child; and which court is involved in your family’s case. Court orders also require you to do things like attend a parenting class or prevent you from contacting someone. It is important to know about any court orders in your child’s case, because a court order may restrict how and when you can contact your child OR your child’s caregiver—and will help you understand what steps to take next.
Custodial Parent: The custodial parent is the parent who has physical custody of his or her child, meaning the child lives with this parent. For comparison, see also definition for “non-custodial parent” below.
Custody: Custody is the legal rights and responsibilities to live with and care for your child. While you were in prison/jail, you were unable to have custody of your child. Once you’re released, if you want to communicate with, visit, or get custody of your child, you will need to find out who has custody of your child now.
Declaration of Paternity: A “Declaration of Paternity” is a legal document that says who is the “natural father” (the biological father) of a child. It must be signed by both of the child’s biological parents (father and mother).
Dependency Court: The court family cases are started in if a child’s parent(s) are suspected of abuse or neglect and Child Protective Services (CPS) has become involved in the child’s case.
Family Law Facilitator (sometimes called the Self-Help Facilitator): Every family court should have a “Family Law Facilitator,” which is someone who can help you with court forms, answer questions, provide general information about family law issues, and walk you through some of the steps of your case if you do not have a lawyer. However, the Family Law Facilitator cannot give any legal advice or answer questions about a specific case. To find your local Family Law Facilitator, see Appendix A, PG. 788, or go to http://www.courts.ca.gov/selfhelp-facilitators.htm .
Family Reunification Services: These are services that Child Protective Services (CPS) must provide you with, with certain exceptions, if it is involved in a legal case regarding you and your child. [2296] Family reunification services are meant to help you complete your “case plan” (see definition above) and any other dependency court requirements to encourage reunification with your child.
Foster Care: Sometimes when a child is removed from his or her parents’ home, the judge will send the child to live in a “foster care” placement. “Foster care” describes the placement of a child living with one or two “foster parents”—people who the State has licensed, trained and approved to care for children in their home. However, foster parents have fewer rights than legal guardians or biological parents, so the judge and Child Protective Services (CPS) will continue to be legally responsible for making decisions about the child.
Guardian (or “Legal Guardian”): A guardian is an adult (not the child’s parent), such as a relative or family friend, who has legal and physical custody (see definitions under “custody” above) of the child. A guardianship does not terminate the parental rights of the child’s legal or biological parents; it only puts their parental rights on hold while the guardian has physical and legal custody. [2297] Learn more about guardians on PG. 741.
Lien: A lien is the right to take (and sell) property belonging to another person until that person pays off a debt s/he owes. For more information about liens, read the COURT-ORDERED DEBT CHAPTER, beginning on PG. 650.
Local Child Support Agency (LCSA): LCSAs are county-run offices that collect and enforce child support payments by making sure that custodial parents and guardians receive the payments from non-custodial parents.
Non-Custodial Parent: The non-custodial parent is the parent who does not have physical custody of his or her child. For comparison, see also definition for “custodial parent” above.
Notice: In any case involving you and your rights as a parent, you are legally required to receive “notice” of the case, which means you must be informed of the case. This “notice” could be a letter mailed to you, an announcement made by the judge in court, paperwork handed to you in person in court, at your home, or while you are incarcerated. Depending on your role in the case, you may have the right to get the “notice” papers handed to you IN PERSON—even while incarcerated. Often, a local law enforcement officer or Sheriff takes on the role of giving people “notice” papers inside prison or jail.
Parent : We use the term “parent” to describe the child’s legal or biological mother or father, with the understanding that the child’s parent(s) may or may not be caring for the child from day to day. See also “caregiver” to understand how that person could be someone other than a child’s “parent.”
Parental Rights: Parents (see definition above) have a lot of legal rights with respect to their minor children, including the right to live with, care for, and make decisions for their children under the age of 18. These rights are called “parental rights.” In some situations, a parent’s rights can be temporarily put on hold and/or given to someone else (such as a legal guardian). In extreme situations, a parent’s rights may be taken away permanently (through the termination of parental rights and adoption of the child by another person or family). However, parents have the right to special legal protections before their legal rights can be changed or taken away without their permission.
Petition/Petitioner: A petition is a legal document that asks a judge to do or not do something. A petitioner is the person (or people) who asks the judge to do this, by filing the petition in court.
Restraining Order (Protective Order): A restraining order is a court order from a judge that can protect someone from being physically harmed, threatened, stalked, or harassed. The person who asks for and is protected by the restraining order is called the “protected person” (or protected party). The person whom the restraining order is against is called the “restrained person” (or restrained party). There are several types of restraining orders:
Domestic violence restraining order: if someone is the victim of domestic violence, they can request a domestic violence restraining order.
Personal conduct order: This type of order prohibits (stops) the restrained person from doing specific acts towards the protected person. For example, the order may prohibit the restrained person from contacting, stalking, sexually assaulting, or destroying property of the protected person.
Stay-away order : This type of order requires the restrained person to stay a certain distance away from the protected person and/or from a specific place (such as the protected person’s house or workplace).
Residence exclusion order : This type of order requires the restrained person to move out from where the protected person lives, and to take only their own clothing or personal belongings until there is a court hearing.
Reunification : Reunification can mean 2 things: In the real world (i.e., outside of court), reunification can mean reuniting with your child and (re)developing a relationship with him/her. In court, reunification means getting back your legal right to care for your child, after s/he has been removed by CPS.
Removal : When CPS or a judge takes a child away from his/her parent’s custody.
Visitation : Visitation is the legal right to spend time with your child. [2298] When a judge makes a custody order, he/she must give visitation rights to the parent who does not have custody of the child, unless granting visitation is not in the child’s best interest. [2299]
Now that you’ve learned some of the basics, keep reading to learn more about the child custody, child visitation, the court system, guardianship, other legal issues related to families and partnerships, and child support.
Before we jump deep into family law issues, we think it’s important to understand what a “criminal record” is. In the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, PG. 915, we go into more detail about what a criminal record is and who can access it. Here is a quick summary.
Your “criminal record” is the broad term used to describe any contact you have had with law enforcement, the courts, or another part of the criminal justice system that was written down (recorded). Your entire criminal record includes: arrests (whether or not they led to a conviction), any criminal charges filed against you, convictions (felonies or misdemeanors, even if they get “expunged”), pleas, acquittals (“not guilty” findings), dismissals, sentences, periods of incarceration in jail or prison, and any other contact with the criminal justice system. BUT—and this is an important but—not everyone can see this entire record because some criminal records are protected under certain circumstances.
To learn more about criminal records, go to the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER on PG. 650.
Examples of legal cases involving children include cases about: custody, visitation, ending a marriage, adoption, guardianship, CPS/dependency cases, and fostering a child. These cases may also involve questions about paternity/parentage, child support, spousal support, and/or protective orders.
In any legal case involving children, a criminal record could, and often does, affect your ability to reconnect with a child or grandchild.
A judge making decisions about the care of a child will look at anything and everything about a child’s and the parents’ life that relates to the well-being of the child and who is best suited to care for and have a relationship with that child. [2300] This includes the judge looking at things like:
Even though your record will come up in court, it is often STILL POSSIBLE to reconnect with your child or grandchild.
Yes. For some conviction offenses, the law will automatically ban you from reconnecting with a child/grandchild. And for some conviction offenses, a judge is unlikely to grant full custody or unsupervised visitation. See the chart that follows.
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CONVICTION OFFENSE
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HOW WILL THIS AFFECT MY CHANCES OF GETTING CUSTODY OR VISITATION?
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Domestic Violence
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Judges are hesitant to give custody to someone who has engaged in domestic violence, and will consider any history of domestic abuse against your child, the other parent, or a partner. [2304] |
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Rape
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A judge will not allow someone who has been convicted of rape to have any custody or visitation with a child who was conceived from that rape. [2305] |
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Other Convictions
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A judge usually will not grant custody or unsupervised visitation in the following circumstances, unless the s/he finds that there is no risk of harm to your child:
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For more information on how your criminal record will be a factor in a judge’s decision regarding your custody/visitation rights, see PG. 728.
Not necessarily. Although it may seem like parents and grandparents would have automatic rights to care for a child, being blood-related (biologically related) or married to someone who is blood-related to a child does not mean you automatically have the right to live with, see, or make decisions about your child or grandchild. It’s also important to note that the legal rights of parents are MUCH stronger than those of grandparents. Below we discuss whether you have the legal right to care for a child as a parent and grandparent:
For Parents: The law assumes that a child’s parents—biological or adopted—will make decisions in the “best interest of the child.” so they usually have the automatic legal right to do so. [2308] Courts get involved when something goes wrong, and then the judge makes decisions based on what is in “the best interest of the child” (learn more on what factors a judge looks at in deciding what is in the “best interest of the child” on PG. 728).
For Grandparents: Under the law, grandparents do NOT have any automatic legal rights to see or care for their grandchildren. In other words, just because your biological child has a child of his or her own does NOT mean you have any legal right to care for or make decisions about that grandchild. [2311] But a grandparent CAN make informal or formal arrangements to take care of or see their grandchildren.
Again, whether or not a grandparent will be able to get legal custody of their grandchildren through a formal court case in family court, probate court or dependency court will all depend on what a judge decides is in the “best interest of the child”—learn more about this standard on PG. 728.
Below are basic steps to reconnect with your child or grandchild in your reentry. The steps mostly focus on parents reconnecting with their child(ren), but we also make note of rules that specifically apply to grandparents.
For Parents: Everyone’s relationship with their child is different and the ways in which a parent’s incarceration will affect that relationship will be different too. But the law assumes that it is best for a child to have a relationship with both parents, unless there is a specific reason to believe that contact with one or both parents will harm the child . [2313] If you have been incarcerated but are genuinely ready to play a positive role in your child’s life and still maintain some or all of your parental rights , then the law says your child should be able to reconnect with you so long as that is safe and health for him or her. In any legal case involving your child, the judge must decide what is the “best interest of your child.” [2314] For more information on what factors a judge looks at in deciding the “best interest of the child,” see PG. 728.
IMPORTANT! Always follow the conditions of any Criminal Protective Orders, Personal Conduct No-Contact Orders, or Supervision Conditions against you. For more information, go to PG. 730.
Examples of court orders include Personal Conduct No-Contact Orders, Restraining Orders, and Criminal Protective Orders. For full definitions of each of these types of orders, see the “Key Terms” section of this Chapter, beginning on PG. 715.
A court order is a legal decision by a judge requiring something. It could affect your ability to reconnect with your child, so it is very important to know about them. A court order could impact you in the following ways:
Court orders are very important because they may explain your rights and responsibilities with your child—including when and how you are allowed to visit and contact the child. If you break a court order, then you could ruin your ability to reconnect with your child. Why? By violating the court order, you could face civil or criminal consequences that could prohibit you from contacting your child at all. Also, breaking a court order is a violation of the law as well as a violation of supervision. If you want to change a court order, you need to go to the court where the order is from and ask about the process to change it.
Even if you were served with court papers while in prison/jail, it is best to get a new copy of the court order once you get out to make sure that you have all the most up-to-date papers.
IF YOU WERE SERVED WITH COURT PAPERS (before, during, or after your incarceration), check the papers to see if they include court orders that limit your custody and/or visitation rights with your child OR limit your ability to contact your child and/or your child’s other parent or current caregiver ( for grandparents, the child’s caregiver might be your child, your grandchild’s other parent, or someone else).
IF YOU ARE NOT SURE IF THERE ARE ANY COURT ORDERS, you can find out by contacting the clerk in the local county court where your child’s case is going on . You can usually call the clerk’s office by phone or go in person when the clerk’s office is open. Ask for copies of ALL the court orders in the case. Usually, a court order will say “court order” or “order” on the paperwork.
To figure out if there is a case in court that involves your child and more information on this question, see Step 4 on PG. 722 below.
If you are on parole, probation, or some other type of community supervision, you must get to know and follow ALL of the terms and conditions of your supervision. This includes any rules about whom you can and cannot contact , places where you can and cannot travel, move, live, or visit.
These conditions can impact your ability to see or visit your child(ren)—so be aware of them BEFORE you start contacting or visiting them.
If you want to change any conditions of supervision, read about the process for your type of community supervision in the PAROLE & PROBATION CHAPTER of this guide: see PG. 173 (state parole); 199 (PRCS); 192 (Mandatory Supervision), 192 (informal probation), 196 (formal probation), 213 (Federal Supervised Release or Federal Probation). Until and unless a supervision condition is changed through the legal process, you should ALWAYS FOLLOW IT!
You my also be able to request a travel pass from your parole or probation officer to travel beyond where you are normally allowed to go. You may need a travel pass to attend a court hearing or visit with family members or friends for your case. For more information about travel restrictions and other conditions of supervision, see PG. 125 in the PAROLE & PROBATION CHAPTER. For more information about protective, no-contact, and restraining orders, see also PG. 730.
If you do not already know where you child is, the next step is to locate your child—so long as there are no court orders or conditions of your supervision that prevent you from contacting your child or child’s caregiver.
You will need to know the location of your child and child’s caregiver if you want to contact that child or “serve” the caregiver with any court papers, if you open a case. (To “serve” someone with court papers means to give proper legal documentation and notification about a court case to certain required people.)
Next, you will need to know if there’s already a court case (open OR closed) involving your child(ren).
For Parents: By law, when a court case is filed about a child, both parents have the rights to (1) be notified of the case, (2) be sent copies of the court documents, and (3) have the chance to respond.
IF YOU WERE SERVED WITH COURT PAPERS ABOUT YOUR CHILD’S CASE WHILE YOU WERE INCARCERATED, those papers should tell you: (1) the case number, and (2) the exact court the case was in.
PLEASE NOTE: Mistakes often happen with the legal filing and mailing processes—so if you’re a parent, there’s a chance that you didn’t receive the papers that you should have; let the judge know if this happened!
For Grandparents: You may be able to request court papers on open cases about your grandchild if you can show:
If there is a court case involving your child, you will most likely have to join that case, as opposed to starting a new one, to increase your custody or visitation rights.
FOR ANY CASE—WHETHER IT IS OPEN OR IN THE PAST—ALWAYS GET COPIES OF ANY COURT ORDERS! Getting copies of all court papers, including court orders, are an important part of the process of learning about or joining a case. Court orders can explain your current rights and responsibilities with your child—including when and how you are allowed to visit and contact the child OR limiting or preventing you from contacting the child. If you want more custody or visitation, you may need to ask the judge to change this court order.
IF CPS IS INVOLVED IN YOUR CHILD’S CASE, ask the clerk at the dependency court in the county where your child lives for any court orders . [2318] You can also ask your county social worker and/or the dependency court judge for:
FOR MORE INFORMATION:
For Parents: If there is no court case involving your child OR no court order in your child’s case, you will likely need to open a new case.
To start a new case, you may need to file a “petition” in court, which means you file specific paperwork to ask the judge for more rights and responsibilities as a parent (or caregiver). And depending on what rights you want to get (for example, custody, visitation, guardianship, etc.), you may need to go to one of the courts discussed on PG. 734).
Once you file a petition in the proper court, you will have to prepare to go to court for a hearing or other procedures. Each of the three family-related courts in California has different powers, different rules, and different procedures that you need to be aware of before going to court.
Exactly how your record will impact your request for greater custody and visitation rights will depend on the court your case is in and the exact conviction(s) on your record. Some convictions will completely prevent you as a parent or a grandparent from getting custody or visitation of your child or grandchild. For more information on the impact of specific convictions, see PG. 719.
You may also consider asking a judge for VISITATION before you ask for full CUSTODY. Read the helpful hint box on PG. 724 for more information.
In general, if you are the child’s parent, it is usually easier to get visitation rights with your child at first, rather than full custody after a period of incarceration. California has a strong public policy of supporting parent-child relationships and allowing visits unless they will be harmful to the child. [2319] Asking a judge for visitation rights with your child—and then allowing for some time to show that the visits are going well—can be a great first step to getting custody. Through visitation with your child, you can show a judge that you are responsible, have a good relationship with your child, and eventually request greater custody rights.
For Grandparents Who Want to Reunify with Grandchildren: If there is no existing court case regarding your grandchild, your options are limited because you can only start a new case in very limited circumstances. Read the section on “Grandparents Rights” on PG. 738 for more information on when a grandparent can start a new case.
Yes, a criminal record could, and often does, affect your ability to reconnect with your child or grandchild. But in many cases, it is STILL POSSIBLE to reconnect with your child or grandchild, even though your record will come up in court.
“Custody” and “visitation” are important legal concepts in reentry because you may not be able to see or care for your child or grandchild as soon as you get out of prison or jail. You might have to go to court to have visits or custody of the child(ren) you want to reconnect with, and your criminal record is likely to be a factor a judge looks at if you must go to court.
“Custody” is the legal right to care for and make decisions about a child. [2320] A judge will make an order deciding who has custody of a child, whether it is one parent, both parents, or in special circumstances, another caregiver. [2321] There are two types of custody that a judge can make decisions about: (1) physical custody and (2) legal custody. [2322] A parent or caregiver can have both physical custody AND legal custody (as parents often do), or just one of these forms of custody. [2323] Other terms like “joint custody” or “joint physical custody” mean that both parents share in their parenting responsibilities. [2324] When a parent has “sole legal custody” this means that only one parent has the ability to make decisions about a child. [2325]
THIS CHART EXPLAINS THE DIFFERENT TYPES OF CUSTODY ARRANGEMENTS THAT A PERSON CAN HAVE THROUGH A COURT:
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TYPES AND MEANINGS OF CUSTODY |
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PHYSICAL CUSTODY TYPES AND MEANING
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LEGAL CUSTODY TYPES AND MEANING
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SOLE PHYSICAL CUSTODY: Your child lives with you full time (although the other parent or caregiver may have visitation rights ). You, and only you, are responsible for your child’s daily care and supervision. NOTE: It’s very common for one parent/caregiver to have both sole physical custody and sole legal custody. |
SOLE LEGAL CUSTODY:
You, and only you, are the person who can make important decisions about your child’s health, education, and well being.
NOTE: It’s very common for one parent/caregiver to have both sole physical custody and sole legal custody. |
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JOINT PHYSICAL CUSTODY: Your child lives with you part of the time, and with the other parent (or caregiver) part of the time. You are responsible for your child’s care and supervision when s/he is with you, and someone else is responsible for your child’s care when the child is with him/her. Joint physical custody does not necessarily mean there is an equal 50/50 split in time between parents (or caregivers); it could be that the child spends more time with one parent than the other. This is still joint custody. |
JOINT LEGAL CUSTODY: You and the other parent (or caregiver) share the right to make important decisions about your child. It is possible for the judge to give the parents joint legal custody, but still give one parent complete power to make certain types of decisions alone, and have both parents share responsibilities for other types of decisions. An important note: Even when both parents have the right to make decisions about the child, they do not have to agree on every decision. Either parent can make the decision alone, and they have an independent right to do so. [2326] |
There are so many different possible arrangements and combinations of legal and physical custody (sole and joint). Here are some examples that show these concepts in real life. Remember, these are just examples— no two situations are exactly the same. There is no such thing as a “normal custody arrangement,” so it is okay if your situation is different than in these three stories.
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COMMON EXAMPLES OF CUSTODY ARRANGEMENTS |
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STORY #1: Jessica is an 8-year-old girl. The judge gave her mother, Maria, sole physical custody, meaning that Jessica lives with Maria full time. Jessica’s father, John, recently returned home from prison and asked the court for visitation. The court gave him weekly visitation with Jessica, but not any physical custody. However, the court gave both Maria and John joint legal custody over Jessica, which means they both get to make important decisions for her—like medical decisions and where to go to school, etc. But only Maria has physical custody, meaning that only Maria is responsible for Jessica’s day-to-day care. To change this arrangement, John would need to go to court to ask for joint physical custody. |
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STORY #2: David’s parents, Carlos and Rashida, are separated, but the judge gave them joint physical custody and joint legal custody of their son. David lives with Rashida during most of the week (Monday-Thursday), and with Carlos on weekends (Friday-Sunday). Rashida and Carlos live in the same school district, so David can attend school normally during the week. Rashida and Carlos also share joint legal custody, which means they both get to make important decisions for their child—like medical decisions, where to go to school, etc. |
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STORY #3: The judge appointed Kerry’s grandmother, Mary, as her legal guardian, because both of Kerry’s parents were unable to care for her due to their drug addiction. This means that Mary has both sole physical and legal custody of Kerry. Kerry lives with Mary (physical custody), and Mary gets to make all important decisions for Kerry (legal custody)—like medical decisions, where to go to school, etc. Kerry’s parents do NOT have physical or legal custody of their child, but her father, Joseph, asked the judge and got supervised visitation with her. Kerry’s mother, Janet, is currently incarcerated and does not have visitation (but she can ask the judge for visitation rights while she’s in prison or after she gets out). |
“Visitation” is the legal right to visit and spend time with a child. A judge can write an order describing when and how often the parent, grandparent, or other family member can visit the child. When a judge decides a person’s parental rights are limited to seeing and spending time with a child rather than living with and making major decisions for the child, this means that person does NOT have “custody” of the child. Visits can be for the day or overnight, supervised, or unsupervised.
THIS CHART EXPLAINS THE 3 TYPES OF VISITATION PLANS A COURT COULD ORDER:
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REASONABLE VISITATION— a flexible plan that allows the petitioning parent to work out the details of visits with the other parent (or caregiver)—such as when, where, how often, and for how long the visits will take place. |
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SCHEDULED VISITATION— a detailed plan with exact dates and times for the parent to visit the child. |
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SUPERVISED VISITATION— a plan that allows the petitioning parent to visit their child regularly but requires someone else to be present and supervising the visits, to make sure that the child is safe and that the parent and child get along well. [2327] |
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NO VISITATION— the judge may decide not to give the parent any visitation at all. This happens if the judge is concerned that a parent will harm a child and thinks it’s best for the child not to have contact with the parent. |
Here are some common examples of visitation arrangements:
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COMMON EXAMPLES OF VISITATION ARRANGEMENTS |
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STORY #1: Robin and Sally are married and have three children. After Robin was incarcerated, Sally filed for a separation from Robin and requested sole custody, both legal and physical, of all the children. The judge granted Sally’s requests for both the separation and the custody of the children. Upon his release, Sally and Robin agreed on a reasonable visitation plan that allowed Robin and Sally to create their own visitation schedule without a judge. Every Sunday, Robin and Sally would meet at Sally’s home to figure out when Robin could see the children and for how long. This is reasonable visitation . |
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STORY #2: Robin wanted more time with his children each week so he asked if they could agree on a different visitation schedule. Sally and Robin were not getting along well since Robin’s reentry; Sally felt uncomfortable with giving Robin more time with the children so she said no. Robin went to court and asked a judge to grant more visitation with the children. Because Robin and Sally could not come to an agreement and the judge did not find any reason for denying Robin time with his children, the judge ordered a visitation schedule that provided the exact days and times Robin could spend time with this children. This is a scheduled visitation . |
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STORY #3: Sally asked the judge to deny Robin visitation with the children. Sally presented evidence about Robin’s behavior and the judge decided that Robin could not spend time with the children without supervision. The judge ordered supervised visitation for Robin. He was able to see his children twice a week, but the visits took plan at a court ordered place with someone designated by the court to supervise. This is supervised visitation . |
There are so many different reasons that courts get involved in family matters. Examples of when courts get involved include cases of divorce or legal separation; cases about paternity/parentage; disagreements about custody, visitation, or child support; when one or both parents are no longer able to care for a child because they are sick, disabled, incarcerated, or passed away; or the court is supervising a child’s care due to allegations of abuse or neglect.
In most cases, incarceration will affect your relationship with your family, and the courts may end up getting involved to decide who should have the legal right to make decisions about your child or grandchild, and who should be able to visit or care for your child or grandchild. While you are/were incarcerated, it’s possible that there were changes in your child’s care that had nothing to do with your actual conviction, but the courts got involved either because there was already an open case about the child, someone asked the court to get involved, OR the county’s Child Protective Services (CPS) deemed it necessary for the court to oversee the care of your child because of abuse or neglect allegations.
If a court case is opened about the care of your child, it is important to know that everything in your criminal record will be available to the judge in that case. But the judge doesn’t look only at your criminal record; s/he looks at your record as one factor among MANY factors about whom is best suited to care for your child, and what is in the child’s “best interest.” To learn about the convictions that may ban you from reunifying with a child, see the chart on PG. 719. To learn more about the factors a judge looks at in making decisions about a child’s care, see the next question!
The Legal Standard: “Best interest of the child”:
As we stated earlier, when deciding whether to let you see, care for, or make decisions for your child or grandchild, the judge must find that it would be in the “best interest of the child” to allow you the contact you desire. [2328] To make this decision, a judge looks at many parts of a child’s life and relationship with you, as well as the other people in the child’s life. [2329]
For the most part, there are no hard and fast rules about what is in a child’s “best interest,” in particular when it comes to considering a parent or caregiver’s criminal record. Certain convictions may ban you from reunifying with your child, and you can learn about those in the chart on PG. 719. But in most cases, the judge will consider many factors .
Factors a judge will look at about THE CHILD include, but are not limited to, the child’s:
If you have a history of substance abuse, consider ways you can show that you are on the right path by:(1) Keeping a record of rehab meetings you attend including date and time.(2) Ask for letters of support from your drug counselor or sponsor.(3) Prepare to discuss how you have avoided drugs and stayed clean. You may talk about where you live, whom you are friends with and how those changes have helped to keep you sober and clean.
These factors will all go into the judge’s decision about what is in the “best interest of the child,” and your custody and visitation rights as a parent or caregiver.
If you have struggled with addiction, drugs or alcohol (whether or not this is related to your system involvement or past convictions), the judge will consider this history when deciding whether custody or visitation with you is in your child’s “best interest.” [2333] The judge may require you to do drug or alcohol testing, or—if you are granted custody or visitation—may even order you to never use any drugs or alcohol. [2334] However, the judge cannot deny you custody based ONLY on the results of a positive drug test—a dirty test is only one factor when deciding whether custody would be in your child’s best interest. [2335]
It depends—but it can never hurt your case. We recommend cleaning up your criminal record in case there is any misinformation or mistakes that could unfavorable affect your case in family court. Also, there could be updates that would look more favorable in family court such as expungement and dismissals. For more information, see the UNDERSTANDING AND CLEANING UP YOUR CRIMINAL RECORD CHAPTER on PG. 915.
If possible, it is recommended that you get your conviction expunged (“dismissed”) under California Penal Code Section 1203.4—or that you clean up your criminal record in other ways— before trying to get custody of a child in dependency court. [2336] Expungement does NOT remove the conviction from your criminal record, but it has many benefits. For example, cleaning up your record and getting convictions expunged can only help you in trying to get custody, guardianship, or reunite with your child, because it will show the judge that you are committed to making positive changes in your life and can take on greater caregiving responsibilities. [2337] Some judges (but not all) will even treat an expunged conviction the same as a criminal record exemption—meaning they’ll excuse the conviction in deciding that child can live with you as a guardian through dependency court. [2338] For more information about expungement and other ways to clean up your criminal record, read the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, beginning on PG. 915.
There are two types of protective orders (also called “stay-away”, “no-contact”, and “restraining” orders) that could be in place against you:
In either case, you MUST follow the protective order. While following the protective order, you can still challenge, fight or appeal it! [2340] Read the question on PG. 731 to learn how.
PLEASE NOTE: It’s important to get to know the SPECIFICS of any orders preventing you from contacting another person. For example, a protective order/ “no-contact” condition may prevent you from contacting the caregiver or other parent of your child or grandchild; but this protective order may not apply to your child or grandchild, unless it specifically says so . This can create a situation where, for example, you are allowed to contact your child, but you cannot arrange for a visit with your child because you are not allowed to contact your child’s caregiver or the other parent.
If you violate a court’s protective order or a “no-contact” condition of your supervision that forbids you from contacting another person, you could be fined and/or re-incarcerated for violating the court order or the conditions of your supervision. [2341] While following the protective order, you can still challenge, fight or appeal it! Read the next question on PG. 731 to learn how.
Again, it is important to get to know the SPECIFICS of any protective orders or “no-contact” conditions against you so that you do not violate them.
IMPORTANT: You might have protective and restraining orders against you from both criminal and civil courts, each with different conditions or requirements. So what rules should you follow? Answer: the criminal court order! A protective order from criminal court is stronger than a civil restraining order from family, probate, dependency, or any other civil court. If you have multiple orders against you from different courts, you MUST follow the criminal protective order. [2342]
It is also important to know about any conditions or orders against you, because if you go to court to ask for greater rights with your child (for example, increased custody or visitation), the judge will consider any protective or restraining orders against you. [2343]
IMPORTANT: If your criminal case involved domestic violence or child abuse, then it is possible that the judge gave your child a protective order against you. If your child has a protective order against you, do NOT contact your child.
The process for challenging a protective order or “no-contact” condition depends on who put the order in place against you.=
(1) IF THE PROTECTIVE ORDER IS A CONDITION OF YOUR PAROLE, PROBATION, OR OTHER FORM OF COMMUNITY SUPERVISION: It may be possible to get the condition removed or changed IF you don’t have a history of domestic violence or abuse. [2344]
(2) IF THE PROTECTIVE ORDER IS A COURT ORDER (from a criminal court or civil court) based on a history (or allegations) of domestic violence, neglect, abuse, stalking, or threats: [2349] You must go back to the same court and ask the judge to change or cancel the order. [2350]
In addition to “no-contact” conditions (read more on PG. 730), you may have travel restrictions placed on you by parole or probation that limit your ability to reconnect with your child or grandchild.
Travel Restrictions could make it difficult for you to visit your child or grandchild, especially if he or she lives in another county. If you have limits on where or how far you can travel, you should talk to your parole agent or probation officer and request a travel pass —and make sure you get approval in writing ! Alternatively, you can arrange with family, friends, a case manager or mentor, parole officer, or through the court (by requesting a change in the conditions of your supervision) for your child or grandchild to come visit you. Always check with your parole agent or probation officer if you are unsure if you have any travel restrictions.
Transfer Restrictions : There may also be limitations on your ability to transfer your parole location to certain counties for a number of reasons—and you should get to know these limitations BEFORE you attempt to move, visit, or contact your child or grandchild. Again, it is always best to follow a condition while appealing it rather than violate that condition. Speak to your parole agent or probation officer about your conditions so that you are clear where you can go and where you cannot go.
This section will explain the three courts in California that make legal decisions about family issues and the care of children. Just because your situation seems to fit into the description of cases that happen in one type of court… does not mean the case will definitely be heard and decided by a judge in that court.
Family law cases can be long, complicated, and difficult to navigate. Every case is different and every county handles cases dealing with family and children a little bit differently. It can even vary by judge within the same county!
But don’t let this overwhelm you. There are people you can contact to get help with your family law situation so you do not have figure things out alone:
There are 3 different courts in California that make decisions about family matters and the care of children: probate court , juvenile court , and family court .
It is important to understand the basics of all three courts so you know the best place to go to restore or establish your rights as a parent, grandparent, caregiver, or guardian.
Here are the 3 courts and what you need to know:
(1) Family court handles cases about divorce , child support , paternity/parentage , and SOME child custody and visitation cases.
(2) Probate court handles “probate guardianship” cases. Individuals who want to become a child’s legal guardian, such as relatives or family friends, may file guardianship petitions in this court for temporary or permanent guardianship. This does not end the parent’s rights, but instead puts them on pause.
(3) Juvenile court includes two divisions: dependency and delinquency .
This section gives background on all three courts— probate, family, and dependency . If you already know which court your case (or your child’s case) is in, you can skip directly to the section of this Chapter that discusses that court.
If you do not know which court your case (or your child’s case) is in, or if it’s in any court at all, read the steps on PG. 721 to learn how to find out which court might be involved. You can also review the chart on the next page (PG. 734 to get a basic idea of what each of the three courts does.
The chart below summarizes the 3 main courts that make decisions about family matters and children’s care in california. Each court has different rules and procedures. If you’re unsure about which court your case is or should be in, use the chart as a starting point as you work towards reunifying with your children or grandchildren.
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SUMMARY OF CALIFORNIA COURTS THAT MAKE DECISIONS ABOUT FAMILY & CHILDREN |
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GENERAL
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FAMILY
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PROBATE
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DEPENDENCY
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WHEN WOULD MY CHILD OR I NEED TO GO TO THIS COURT? |
You would want to go to Family Court to ask for custody or visitation if you are the child’s parent and you have an issue with the other parent. The family court also hears cases that involve divorce, child support, and paternity cases. [2355] |
You would need to go to Probate Court in two main situations: (1)The court has appointed (chosen) someone else (not the child’s parent) to be the guardian for your child, and you want custody or visitation with your child. A guardian is an adult (not the child’s parent), such as a relative or family friend, who has legal and physical custody of the child. [2356] Learn more on PG. ) OR (2) You want to become the guardian for someone else’s child. |
You or your child might go to Juvenile Dependency Court if the child’s parent(s) are suspected of abuse or neglect and Child Protective Services (CPS) has become involved in the child’s case. |
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WHO STARTS THE CASE? |
A parent |
(1) A person who wants to become the guardian of someone else’s child. (This could be a relative or family friend.) This person might be living with the child already, but want more rights and responsibilities; OR (2) A parent who is trying to end a guardianship already in place through the probate court, and get custody or visitation with their child back; OR (3) The guardian for a child such as a relative or family friend who wants to end an existing guardianship arrangement. |
Child Protective Services (CPS) or the District Attorney |
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WHERE DO I FIND MORE INFORMATION ABOUT THE RULES & PROCEDURES OF THIS COURT? |
See PG. 737. |
See PG. 741. |
See PG. 747. |
Each of the three courts that handle family matters has LETTERS and NUMBERS to identify forms that are specific to their court:
You can find California court forms on the following website: http://www.courts.ca.gov/forms.htm . Of course, because rules and procedures vary county by county, you ALWAYS want to check with your local court’s rules and procedures to find out which court forms are preferred or required in your county.
Below we further explain how you can access various court forms for your family or child’s case, depending on whether you are currently or formerly incarcerated.
California court forms are available online from the California Courts’ website at http://www.courts.ca.gov/forms/forms.htm . You can also ask the court’s Family Law/Self-Help Facilitator (see Appendix A) to help you with the court forms you need. Finally, your local law library may also be able to help you with the court forms, legal research materials, and information about other legal resources you may need.
It can be very helpful to talk to a lawyer about your family law case. If you do not have a lawyer to represent you, your local family court’s Family Law/ Self-Help Facilitator can help you with forms and procedures—but NOT legal advice (see Appendix A for listings of Family Law Facilitators across the state). You may also want to contact a local legal aid office and find out if someone can help you with your case (see a listing of legal aid offices at the back of this guide beginning on PG. 1075.
You have the right to petition to start a case while you are incarcerated, but there may be barriers that make it so you cannot be present at court or, because of your incarceration, cannot meet requirements needed for custody, since you cannot have physical custody of your child while you are incarcerated. Fore more information on custody see PG. 725. For more information on convictions that bar you from requesting custody or visitation, see PG.719. Before you start a case, make sure your incarceration or conviction is not an automatic bar from getting a favorable result in court. If you have access to the Internet, the California court forms are available online from the California Courts at: http://www.courts.ca.gov/forms/forms.htm .
You can also request the forms from Legal Services for Prisoners with Children (LSPC). You can call them at: (415) 255-7036, or write them at: Legal Services for Prisoners with Children, 1540 Market St., Suite 490, San Francisco, CA 94102
LSPC also has a 2012 manual that has the forms you may need. You can find this manual at: www.prisonerswithchildren.org/wp-content/uploads/2013/08/Incarcerated-parents-version-12.11.12.pdf
Yes – for any court hearing involving your child, you can ask the judge to be transported and it is up to the judge whether or not to order your transportation for the hearing; and for certain types of cases, you have the automatic right to be transported. As an incarcerated parent , you have the RIGHT TO REQUEST transport to:
In these cases, the judge decides whether or not to grant your request. [2358]
As an incarcerated parent, you have THE AUTOMATIC RIGHT to be present at the following hearings :
The right to be present means the right to be physically present in the courtroom while the hearing takes place. Even if you waive your physical presence, you may be able to participate in the hearing in other ways. Depending on the technology at your facility, you may be able to participate in the hearing via telephone or videoconference.
Under state law, the judge should automatically make an order for you to be transported to these types of hearings. The court MUST send a copy of the “transport order” to the warden or sheriff of your facility at least 15 days before the date you need transportation. If you do not receive this order, or if you want to be transported to court for other dependency court hearings, you can write to the court to request such an order, or ask the attorney representing you to request one. [2359] The sheriff’s department in the county in which hearing takes place is responsible for arranging your transportation, but you may have to be proactive and follow up with your institution to make sure you are transported on time. [2360]
Yes, you have the right to request visitations while you are incarcerated. However, we recommend trying to come to an informal agreement with the child’s caregiver for visits to your facility. Filing a lawsuit is a timely and costly process that can cause confrontation in your family. If you have an informal visiting schedule then you are more likely to have an amicable relationship with the child’s guardian. Once you have a successful visit or two, you can ask the caregiver for a reasonable schedule for visits . [2361]
IMPORTANT! Be sure to put your agreement in writing—It can be a simple letter from you stating what you have agreed. Keep a copy. Then keep written records of how your arrangement is working out over time.
If you cannot agree on an informal visitation plan with your child’s caregiver, then you can request visitation through court. If that is your situation, you can follow the steps for starting or joining a case in any of the three family-related courts (see PG 735 or how to start or join a case).
Grandparents, because they do not have any automatic right to visitation, cannot ask the court for visitation with their grandchild while they are incarcerated, but may be able to set up an informal agreement with the child’s parent or caregiver to come visit them.
Family court is the court system that handles cases involving married couples or domestic partners and their children, if they have any. Please keep reading to learn more.
You may go to family court cases about divorce or separation; child support; paternity/parentage questions; and/or custody and visitation disagreements between parents or caregivers (so long as CPS is NOT involved). [2362] A family court judge may make decisions and orders related to any of these types of cases.
Additionally, in some probate court cases , the judge making decisions about a probate guardianship will transfer a case from probate court to family court if a biological parent ACTIVELY OBJECTS to the guardianship placement. The probate court tends to see this type of a dispute as a custody disagreement better suited for family courts to handle. Read more about probate court guardianships beginning on PG. 741.
To learn about alternatives to going to family court, see PG. 740.
A judge in family court can make a decision (called a “court order”) about what kind of custody or visitation arrangement you get to have with your child. Depending on the order, a judge could increase or decrease your parental rights to have custody of your child. For more information on the legal meanings of “custody” and “visitation” and examples of custody and visitation arrangements in real life, see PG 725.
Examples:
As you may recall from the section on “grandparents’ rights,” beginning on PG 720, grandparents do not have an automatic legal right to custody of or visitation with their grandchild(ren).
But if you successful join an ONGOING family court case about your grandchild, the judge could:
A family court judge who is deciding whether or not to give you custody or visitation rights (meaning rights to see, care for, and/or make decisions for your child or grandchild) must find that it would be in the “best interest of the child” to do so. The factors a judge will look at in deciding what is in the “best interest of the child” are on PG. 728; your criminal record is just one factor the judge will consider. [2364]
For Parents: The law assumes that it is in the “best interest of the child” to have a stable, consistent relationship with both parents through custody and/or visitation. BUT if one or both parents can’t provide the care and stability that your child needs—or if there is a specific reason to believe that having contact with the parent(s) would be harmful to your child—then the judge will consider other options or even limit or cut off contact between the parent(s) and their child. [2365]
For Grandparents: A Grandparent may request to become the child’s primary caregiver, getting custody of the child, OR a judge might order visitation rights under certain circumstances.
If one or more of these factors are TRUE, you can ask a judge in family court for visitation with your grandchild. The judge will then balance the following factors to make a decision:
Because parents are given priority in making decisions about their child’s care, a family court judge will probably deny your request for visitation if:
Yes. As stated on PG. 719 your criminal record can be one of many factors a family court judge will consider in deciding what is in the “best interest of the child.”
For some conviction offenses, the law will automatically ban you from reconnecting with a child or grandchild. For other convictions and criminal history that do not completely prevent you from having custody or visitation with your child, a family court judge will look at this history as one factor of many in deciding what custody and/or visitation plan is in the “best interest of the child.” For example, if you have past convictions for child abuse, first-degree murder of the child’s other parent, or being a 290-sex offender registrant where the victim was a minor, a judge is unlikely to grant full custody or unsupervised visitation. See the chart below, and learn more about how a criminal record will be a factor in a judge’s decision regarding your custody/visitation rights, see PG. 718.
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HOW DIFFERENT CONVICTIONS WILL AFFECT YOUR CUSTODY & VISITATION RIGHTS |
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CONVICTION OFFENSE |
HOW WILL THIS AFFECT MY CHANCES OF GETTING CUSTODY OR VISITATION? |
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Rape that led to Child’s Conception |
Judges will not allow someone who has been convicted of rape to have any custody or visitation with a child who was conceived from that rape. [2372] |
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Domestic Violence |
Judges are hesitant to give custody to someone who has engaged in domestic violence, and will consider any history of domestic abuse against your child, the other parent, or a partner. [2373] |
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Other Convictions |
Judges usually will not grant custody or unsupervised visitation in the following circumstances, unless the s/he finds that there is no risk of harm to your child:
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When making a case plan to present to the judge in family court to increase your custody or visitation rights, here are some suggestions of ways you can show the judge that custody or visitation are in the “best interest of the child” (note: learn more about the “best interest of the child” legal standard on PG. 728):
NOTE: Child Protective Services (CPS) creates a case plan when it gets involved in a case regarding a child. The case plan sets out the steps you must take to get your child back. For example, a case plan could require you to attend parenting or counseling classes, participate in substance abuse treatment, and/or visit with your child.
You can show the judge anything that indicates that giving you custody or visitation will be in the best interests of your child. You can show the judge things like: certificates earned during incarceration, letters to and from your child, letters of support from family and friends, documents that show attendance in self-help groups, proof of employment. [2376]
Below we describe other ways you can reconnect with your child without going to family court:
IMPORTANT REMINDER: If you have a restraining order or no-contact against you of any kind, make sure you follow the conditions of that order BEFORE you attempt to contact your child’s caregiver or other parents to make sure you do not violate the order! If you are UNSURE if you have an order against you, see PG. 721 on how to find out if there is an order against you and what you can and cannot do.
This section goes into TWO DIFFERENT SCENARIOS about probate guardianships:
Note: A parent would never become the guardian for his or her own child—only a non-parent becomes a “guardian” for someone else’s child. [2380]
If Child Protective Service (CPS) is involved in the child’s case, you probably have to go to juvenile dependency court. See PG. 747 to learn more.
Probate court makes decisions in probate guardianship cases . The probate court judge decides whether or not to appoint a non-parent as a child’s guardian, and when (if ever) to end a guardianship.
People go to probate court seeking to become a child’s legal guardian and must file a “petition” (a legal request) to do so.
In reentry, you might become involved in a probate case to:
To become a guardian , you have to open a case in probate court. But to end a guardianship or support someone else becoming your child’s guardian , you will have to JOIN his or her open probate court case.
A Special Note for Grandparents: This information is very important for grandparents because probate court will be the court you will want to file a “petition” if there is no ongoing case involving your grandchild and you want to become his or her guardian. Remember! Grandparents’ don’t have automatic rights to care for a grandchild (learn more about your rights on PG. 720.
The chart below explains the differences between Guardianship, Adoption, and Foster Care.
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GUARDIANSHIP |
ADOPTION |
FOSTER CARE: |
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You would go to probate court to end a guardianship if someone else (other than the child’s parents) was given guardianship of your child while you were incarcerated. If a judge in probate court formally created the guardianship, then you have to go to probate court to end it.
Guardianship does NOT end your parental rights; it puts them on hold while the guardian has the child. [2381] This allows the guardian(s) to make all the decisions about caring for the child that a parent would make, without permanently cutting off the parents’ rights to ask for custody of their child back in the future. [2382]
Parent’s Rights: The child’s legal or biological parents still have certain rights for their child during the guardianship:
Parent’s Responsibilities:
The child’s legal or biological parents also still have certain responsibilities for their child during the guardianship. Parents must continue to financially support their children in a guardianship (including paying child support if it’s ordered – read more about child support on PG. 770. Also, children in a guardianship can inherit money or get Social Security benefits from their parents. [2385] If you are currently or about to become incarcerated and would like to learn how to pause your child support payments, see PG. 772 in the “Child Support” section.
If a judge in probate court decides not to end the guardianship then you will not be able to get legal custody of your child until the guardianship ends. If the judge in probate court does terminate the guardianship, you will have legal custody of your child.
The judge will make a decision based on what is in the best interest of the child. See PG. 728 for more information on what factors a judge will look at when deciding what is in the best interest of the child.
Yes, there are certain convictions that will automatically ban you from reconnecting with your child. See the chart on PG. 719 for more information.
It can help to clearly explain the things that make you a positive person in the child’s life. You can emphasize your ability to care for the child, the strength of your relationship with the child, the stability you can bring to the child’s life, and why it is best for the child to live or visit with you. If possible, you should also talk to a lawyer. To find a legal aid organization near you, see Appendix A, PG. 788, for places that may offer help.
As stated in the family court section on PG. 740, You can show the judge anything that indicates that giving you custody or visitation will be in the best interests of your child. You can show the judge things like: certificates earned during incarceration, letters to and from your child, letters of support from family and friends, documents that show attendance in self-help groups, proof of employment. [2386] However, if you have a conviction that automatically bans you from getting custody or visitation with your child, then mitigating evidence will not be considered. See PG. 719 for a list of convictions that will automatically bar you from getting custody or visitation.
As a legal guardian, you are responsible for caring for and making decisions for the child, including:
Guardianship may look different depending on what court you are in. This section focuses on guardianships through probate court. To learn what guardianship looks like through a juvenile dependency court , visit PG. 747.
Sometimes a parent cannot take care of a child. Typical reasons include:
A legal guardian can take care of a child when a parent is unable to until the parent is able to take care of the child again or a more permanent situation is made such as adoption.
Anyone, so long as a judge in probate court approves them. You would go to probate court to become the guardian of someone else's child if you are a close friend or relative of the child and want to help take care of the child because the parent cannot. You can take care of the child until the parent is able to again or you can help arrange a more permanent situation such as adoption. [2388]
Remember – You would not go to probate court to BECOME a guardian if you are the child’s parent. In general, the child’s legal or biological parent cannot be appointed as the child’s guardian – only someone who is not the parent can be appointed guardian. If you are the child’s parent and want to get custody or visitation, you will generally need to go to family court (PG. 737) or juvenile dependency court if there is a CPS case involving your child. [2389]
To give you custody of someone else’s child through a probate guardianship, a probate court judge will look at the following factors:
REMEMBER! Your criminal record is one factor in the judge’s decision in allowing someone to be the guardian of a child. For more information on how your criminal record will impact your ability to reconnect with your child, see PG. 718 (“What does a judge look at when making a decision about . . . my child/grandchild?”).
There are many aspects of your record that could affect your ability to become the legal guardian of someone else’s child in probate court. We explain what the judge will look at about your record, including what positives can help weigh against your criminal history. In probate court, the judge will look at the following:
YOU CAN ALSO PRESENT POSITIVES TO THE PROBATE COURT JUDGE—see the next question!
It can help to clearly explain the things that make you a positive person in the child’s life. You can emphasize your ability to care for the child, the strength of your relationship with the child, the stability you can bring to the child’s life, and why it is best for the child to live or visit with you. If possible, talk to a lawyer. To find a free legal aid organization in your area, see Appendix A, PG. 788, for places that may be able to help.
IMPORTANT! If you are looking for information on guardianship in juvenile dependency court cases, where Child Protective Services (CPS) is involved, go to PG. 755 These two courts (probate vs. dependency) have different rules for deciding who can become a guardian and how their judges will look at criminal records.
A guardianship is not always necessary; there are alternatives to a legal guardianship that don’t require going through the probate court! Here are some of your other options:
Option 1: Power of Attorney for a Minor Child:
A notary is a person who can perform certain legal procedures or create documents that are recognized by the court. A notary will charge you for their services. To find affordable notary services, contact your local legal aid office to see if they have a notary on site and how much it would cost.
Option 2: Caregiver’s Authorization Affidavit:
Get a Caregiver's Authorization Affidavit and instructions online at: http://www.courts.ca.gov/documents/caregiver.pdf .
Option 3: Private Agreement with Child’s Parents:
This would be an agreement between you and the child’s parents. In case you ever have to go to court over the agreement, it’s best if a lawyer writes the agreement, and both you and the child’s parents sign it. [2402]
If you are taking care of someone else’s child and want support, you may be able to get financial help as a guardian through child support from the child’s parents or government assistance (called “public benefits”). [2403] For more information on how to request child support in family court, see PG. 737. There are also some key public benefits programs (run by the government) explained below:
Ask the social worker on your case about what help you can get.
The local county Child Protective Services (CPS) opens a case in juvenile dependency court when a child’s parent(s) or caregivers are suspected of abuse or neglect . [2406]
How is juvenile dependency court different from juvenile delinquency court ?Juvenile delinquency courts are for cases where a child is charged with committing a crime. Juvenile dependency courts, on the other hand, are for cases where a parent or caregiver is suspected of abusing or neglecting a child. Sometimes, children are involved in both of these courts at the same time—if they are both being charge with a crime and there is a case of suspected child abuse or neglect by their parents. If your child is being charged with a crime, see the next section on juvenile delinquency on PG. 757.
CPS gets involved in a child’s life when a parent has been violent with, abused, or neglected a child, or if the child tests positive for drugs at birth. [2407] When CPS gets involved, they may open a case in juvenile dependency court. [2408] Whether or not they open a case in dependency court depends on if CPS removed the child from his or her home. Once CPS removes the child, a case is started in juvenile dependency court. [2409] In most cases, the parent(s) will have the opportunity to get their child back if they meet certain requirements. [2410]
Under the law, abuse may be physical harm, sexual abuse, cruel or unreasonable punishment, using drugs while pregnant, and/or neglect of a child. [2411]
No. Just having a criminal record is not enough for Child Protective Services (CPS) or a judge to take your child away—there has to be some connection between your conviction and a risk of harm to your child. For example, a conviction for child abuse, certain violent felonies, or using drug or alcohol in a way that put your child at risk could cause CPS or the judge to remove your child from your care. [2412]
You would go to Juvenile Dependency Court because of one of the following situations:
You would go to juvenile dependency court to reconnect with your child or grandchild if CPS is involved in investigating an allegation of child abuse or neglect. As a parent, that could mean your child was taken away from you or the child’s caregiver. You would attend juvenile court proceedings to try and resolve the allegations of abuse and neglect. [2413]
A grandparent could be involved either because the grandparent is accused of abuse or neglect or the grandparent wants to become the child’s guardian while the investigation by CPS continues. [2414]
A judge’s decision could either take away or limit your rights as a parent. Unless the case is dismissed, meaning the allegations of child abuse or neglect are found to be untrue, your parental rights will be affected in dependency court. Keep reading for more information on different kinds of judge’s orders. If your child is part of a CPS case in juvenile dependency court, the judge could make orders that:
Just like any court’s decisions about the custody of a child, a dependency court judge must decide what is in the “best interest of the child.” This means the judge will make decisions that affect your parental rights to care for, live with, see, and make decisions for your child—and can even reduce or take away some of these rights completely. Most of the time, you will have a year to complete your requirements if you keep making progress. But if your child is under three years old, you will have only six months to show that you are committed to finishing up everything. [2416]
Below we briefly describe some of the caregiving arrangements that a judge can order through a case in juvenile dependency court:
PLEASE NOTE: No law says exactly what a “de facto parent” needs to do for this arrangement to be approved by a judge in court. Judges make this decision based on other court cases and their own court rules! [2419] For more information on “de facto parent” status, see Appendix D, PG. 793.
To learn more about how a judge makes this decision about where to place a child, see below on PG. 749. For more information on the difference between guardianship, adoption and foster care see PG. 742.
TO PLACE BACK WITH THE PARENT(S): The judge will decide whether or not to let the child return home with the parents if, given the situation presented to the judge by CPS and the parents, it is safe for the child to return home with the parents. [2420] This is a case-by-case analysis.
TO NOT PLACE WITH THE PARENT(S): If the child returning home with one or both parents is not an option, then the judge in dependency court will decide where to place a child based on what is in the best interest of that child (learn more about this legal standard “best interest of the child” on PG. 728).
The judge can place the child in a legal guardianship so long as:
However, if the judge decides not to place the child in a legal guardianship or there are no family or friends to ask the judge and CPS to care for the child, then the child will be considered a “dependent” or “ward” of the court and placed in foster care. [2423] Keep reading this section for more information on foster care.
A judge makes a decision on whether or not you get custody or visitation based upon what is in the best interests of the child, including most importantly if permitting the child to live with our visit you will be safe for the child. Your criminal record could prevent you from reuniting with your child in juvenile dependency court if the judge finds that because of you are not able to provide for the child or that it is not in the child’s best interest for you to provide for the child. [2424]
Yes, there are certain convictions that will automatically ban you from reconnecting with your child. See the chart on PG. 719 for more information.
As we explained on PG. 753, a child is placed in foster care when Child Protective Services takes custody of a child due to a concern that the child’s parents or caregivers are unable, unwilling or unfit to care for the child. The goal of foster care is to reunify with their parent(s) or guardian or find another suitable permanent living arrangement. CPS files a juvenile dependency petition in dependency court when the child is removed from his/her home and placed in a foster home. [2426] You can make sure you are involved in every step of the legal process as your child is placed in foster care.
Remember! California Penal Code section 2625(d) gives incarcerated parents the right to be transported to court for jurisdictional and dispositional hearings in dependency court. [2427] This means you have the right to be physically present at all the hearings involving CPS and your child in dependency court. See PG. 735 for more information about asserting your right to be present at such hearings.
If you are the child’s parent and want to reunite with your child, AND your parental rights have NOT yet been ended (“terminated”), you generally have the right to reunite with your child even if you have a criminal record (so long as you don’t have a conviction that automatically bans contact with your child, see PG. 719 and even while you are incarcerated. [2429]
Regardless of your criminal record, you will need to show that reuniting with your child will be in your child’s best interest and will not put your child at risk of harm .
It will help to show the dependency court judge proof of the following:
Other things you can do to show the judge that you are serious about reuniting with your child and are ready to have increased caregiving responsibilities and rights include the following:
Finally, the judge is more likely to give you visitation rights sooner than full custody rights, regardless of your criminal record. Under state law, it is generally assumed that it’s in a child’s best interest to have visits with his/her parent(s); judges are encouraged to give visitation rights to the parent(s), so long as the visits will not be harmful to the child. [2431] To decide whether visitation is in your child’s best interest, the judge will look at things like your relationship with your child, whether your child’s other parent (or caregiver) is in favor of the visits, whether your child wants to visit with you (depending on the child’s age), and how well you and your child get along during those visits—not just whether you have a criminal record. [2432]
IMPORTANT: Remember, you have a LIMITED PERIOD OF TIME to complete your dependency “case plan” requirements and reunite with your child. If your child’s dependency court case started or was happening while you were incarcerated, the clock may have already started to run during your time inside. This means you will have to work extra hard to complete all of your case plan requirements and show the judge that you’re ready to care for your child again once you get out (before your time runs out). [2433]
Under Welfare and Institutions Code 388, any parent of a dependent child, a dependent child of the juvenile court (with the assistance of an appointed guardian), or other person having interest in a dependent child of the juvenile court may file a 388 petition when there is a change of circumstance or there is new evidence in their case. For more information on 388 petitions, see Appendix E on PG. 794.
As stated in the family court section on PG. 740, You can show the judge anything that indicates that giving you custody or visitation will be in the best interests of your child. You can show the judge things like: certificates earned during incarceration, letters to and from your child, letters of support from family and friends, documents that show attendance in self-help groups, proof of employment. [2434] However, if you have a conviction that automatically bans you from getting custody or visitation with your child, then mitigating evidence will not be considered. See PG. 719 for a list of convictions that will automatically bar you from getting custody or visitation.
As part of an earlier court order, a dependency court judge may have: (1) placed your child with relatives or foster parents; [2435] (2) given you visitation rights, and/or; (3) given you a case plan that requires you to attend parenting/counseling classes and do other things to reunify with your children.
If the dependency court judge has made an order giving your child’s care to a foster parent or guardian, here are some things you can do to help your chances of getting your child back:
Doing these things will put you in a better position to ask for greater custody or visitation rights from the dependency court judge. If the court sees you have been making positive visits with your child and following your case plan, it may respond more favorably when you file a 388 petition —special legal paperwork to change a past dependency court order and ask for greater custody or visitation rights. Learn more about filing a 388 petition in on Appendix E , PG. 795.
If the dependency court is actively reviewing your child’s case, you can ask a lawyer to help you write the 388 petition on Form JV-180, “Request to Change Court Order.”
You can file a “388 petition” on your own by using Form JV-180. If you need more space to explain your answers, you can attach extra sheets of paper.
The second scenario we deal with in this section is answering questions for people with records who want to BECOME the foster care parent or guardian of a child who has an open CPS and dependency court case. The dependency court has its OWN RULES—different from probate court and family court—about the impact a criminal record will have on someone’s request to become the legal caregiver of some else’s child.
Foster care is a system run by the California Department of Social Services (CDSS) that provides temporary homes for children who cannot live with family or a legal guardian. A child in foster care was removed from his or her home by Child Protective Services (CPS) because the child’s parents were unable, unwilling or unfit to care for the child. The goal of foster care is to reunify the child with his or her parent(s) or guardian(s) OR find another suitable permanent living arrangement. This may include an adoptive home, long-term guardianship, or living with a relative.
To become a foster parent in California, you need to get a license from the California Department of Social Services and pass a criminal background check. [2436]
Your past conviction(s) may prevent you from becoming a foster parent.
If you want to become a child’s foster care parent through the dependency court, your criminal record will be a factor both in (1) your ability to get the required state license from the California Department of Social Services (CDSS) to be a foster parent AND (2) whether the dependency court judge decides that it is in the “best interest of the child” for you to be their foster parent. [2437]
Before you apply for a foster care license, get a complete record of your convictions. This is important so that you can make sure that your record is correct and so that you can begin, if possible, dismissing convictions from your record if possible.
For information on cleaning up your record, see the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER on PG. 915.
In order to become a foster parent in California, you need to get a license from the California Department of Social Services (CDSS) and pass a criminal background check. [2438] Prospective foster parents, as well as anyone else who will have contact with the foster child, must provide two sets of fingerprints to the California Department of Justice (CA DOJ)—one set is to run a state record check and one set is to perform a Federal Bureau of Investigation (FBI) national check. [2439]
In addition to checking a person’s criminal history, the CA DOJ checks the Child Abuse Registry and reports to the CDSS any previous complaints for the CDSS to further investigate. [2440]
PLEASE NOTE: The same background check rules and process apply to a person living in a foster home OR providing childcare to a foster child , even if that person is not the foster parent him/herself [2441]
At first, any conviction will stop you from becoming a foster parent, until you have received an “exemption” from the state (which is only given for certain convictions). [2442] For some convictions, you can ask for an “exemption” from CDSS—but many convictions will automatically ban you from becoming a foster parent. [2443]
Convictions that will automatically ban you from becoming a foster parent include:
If you are unsure if your conviction will prevent you from becoming a foster parent, talk to a lawyer, Family Law/Self-Help Facilitator (see a list of local contact information in Appendix A, PG. 788), or your local county CPS agency.
If you have a criminal conviction on your record, you may still be able to become a foster parent if you apply for an “exemption.” [2445] When reviewing your application for an exemption, the California Department of Social Services will asses whether you have good character and are rehabilitated. The following factors will be considered when making that determination:
Legal guardianship is a court order saying that a certain adult—someone who is not the child’s parent—is in charge of taking care of the child. [2447] Guardians have many of the same legal rights and responsibilities as parents do while the guardianship is in place. They can make decisions about where the child lives, the child’s health care, and where the child goes to school. [2448]
Remember! In California, there are 2 kinds of legal guardianships : (1) probate guardianships and (2) juvenile dependency guardianships.
Many guardianships are set up through the probate court, not in juvenile dependency court. If your child is NOT a dependent of the juvenile court, you may want to read about probate guardianships on PG. 741. NOTE: A guardian who was appointed through dependency court has the same responsibilities as a guardian appointed in probate court, although they do not have an automatic duty to provide status reports to the court at least once a year. Guardians through dependency court still have the following responsibilities.
A guardian through dependency court is responsible for the following for the dependent child:
Guardians can be grandparents, brothers or sisters, aunts or uncles, other relatives, foster parents, family friends, or others who know the child. A guardian doesn’t have to be blood-related to the child. [2451]
First, the bad news: If the child is NOT living with you right now, before the judge can make you the child’s guardian and allow the child to live with you, the court staff (or a county social worker) must run a background check on you AND any other adults who live in your home or who will spend significant time with the child. [2452] If you (or any other adult who gets checked) have a criminal record, the judge will not allow the child to live with you UNLESS you get a “criminal record exemption” from the county social service agency. [2453] A criminal record exemption means you must get the county social service agency to excuse your conviction and not hold it against you in the process of becoming the child’s guardian through dependency court.
Unfortunately, many convictions are considered “non-exemptible,” which means if you or anyone in your home has a non-exemptible conviction on your criminal record, the judge will NOT allow the child to live with you, even if living with you would otherwise be good for the child. [2454]
Non-exemptible convictions include: A FELONY conviction for child abuse, child neglect, spousal abuse, other crimes against a child (including child pornography), or for a crime involving violence (including rape, sexual assault, and homicide), and a felony conviction within the last 5 years for physical assault, battery, or a drug- or alcohol-related offense. [2455]
IMPORTANT EXCEPTION: BUT—and this is a big BUT—if the child is already living in your home, the judge can allow the child to continue living with you, even if you or someone else in the home has a “non-exemptible” conviction, especially if the child is doing well there. [2456]
For more information on juvenile dependency court and dependency court guardianship, these guides explain how dependency court works, and explain your rights and responsibilities as a parent, caregiver, or guardian: FOR PARENTS—
FOR CAREGIVERS & GUARDIANS—
Court forms for juvenile dependency court are available on the California Courts’ website at http://www.courts.ca.gov/1208.htm .
The following is a brief overview of juvenile delinquency court cases. We only include the basics because Root & Rebound is focused on providing information to people who are in reentry from prison and jail, and navigating legal issues with a criminal record. In general, we do not focus on situations in which a person is actively being charged with a crime in criminal or juvenile delinquency court. But because many people in reentry have children involved in the juvenile justice system, we are including a brief overview here to provide parents with some very basic information. If you have a child involved in a juvenile delinquency case, we recommend you speak with the juvenile delinquency court that is handling your child’s case, and your child’s attorney.
There are two types of cases that end up in juvenile delinquency court: they are called “601 petitions” and “602 petitions”. [2457]
In juvenile delinquency court, they have hearings called “fitness” hearings (sometimes called “waiver” hearings), where the judge decides if the child is “unfit” for juvenile delinquency court. If the child is found “unfit” for juvenile court, the child’s case will be held in adult criminal court, with adult punishments. Children can only be found “unfit” for juvenile delinquency court, and have their case sent to adult criminal court, if they were 14 or older at the time of the alleged offense.
It will be difficult to reconnect with your child if they are in the custody of the juvenile justice system (juvenile hall) or incarcerated in jail or prison as an adult. Please read the next question for more about how your child’s delinquency case can affect your parental rights.
You may not be able to take your child home with you. The juvenile court will hold a “detention hearing” where the judge decides whether or not you, as the parent, have the right to take your child home while the case is ongoing. The judge’s decision on where to release the child is based what the judge determines is best for your child, including the following factors:
During this process, you, as the child’s parent, have the RIGHT to:
No. Your criminal record cannot affect your child’s case in juvenile delinquency court.
For more information on Juvenile Delinquency Court, see Appendix G, PG. 804. There you can find more information on the following:
This section is focused on people with criminal records who want to BECOME adoptive parents. If your child was adopted out while you were incarcerated or because of your conviction history, and you want to learn about your options, see PG. 747 about juvenile dependency court and CPS involvement instead.
Adoption is the legal process of forming a legally recognized parent-child relationship when you are not the child's biological or birth parent. Adoptive parents have ALL the same legal rights and responsibilities that a biological parent would have had. That adoptive parent-child relationship is permanent and is seen as exactly the same as that of a birth family under the law. An adoptive parent can be a stepparent or domestic partner of one of the birth parents, a relative of the child who has been caring for the child, or someone unrelated to the child by blood. For more information on adoption and how to adopt a child, visit the following website: http://www.childsworld.ca.gov/pg1302.htm .
Anyone who applies to adopt a child will have to provide a lot of documentation, including a state criminal record and fingerprints that will be run though the California Department of Justice’s (CA DOJ) state database and the FBI’s federal database. [2466]
It depends on your past conviction(s) and the past conviction(s) of anyone else living in the adoptive home. [2467] If your past conviction was related to the abuse or neglect of a child, or was for a violent offense, the judge may not allow you to adopt. If you were convicted of abuse or neglect or a violent offense, it you should talk to a lawyer about whether you will still be able to legally adopt a child. [2468] Because the judge is determining what is in the best interest of the child, convictions related to child abuse or neglect will likely bar you from adopting a child. [2469]
Whether you are going through an adoption agency, family court, or juvenile dependency court, under state law you may not adopt a child if you have a felony conviction for child abuse or neglect, spousal abuse, any crimes against a child (including child pornography), or for a violent crime such as rape, sexual assault, or homicide). [2470] You also may not adopt a child if you have a felony conviction within the last 5 years for physical assault, battery, or a drug- or alcohol-related offense (in other words, you will have to wait 5 years after the date of your conviction to be able to adopt a child in California). [2471]
So regardless of whether it is a court or an adoption agency reviewing your record, you will not be approved as an adoptive parent if one of the above bans applies.
The question above explained state law that automatically prevents people with certain convictions from adopting a child, no matter if it is a court or an adoption agency making the decision.
In addition to those convictions, a family court, dependency court, and/or an adoption agency will also screen and consider the following factors about you:
In sum, courts and adoption agencies review every adoption application individually. Your conviction history will be one factor, but depending on your current situation and efforts at rehabilitation, you may still be able to adopt (unless you have a conviction on the list of ones that automatically prevent you from adopting, on PG. 719).
If your child was adopted while you were incarcerated, you should have received notice (in writing, on official court papers) of this adoption. Although you are incarcerated, you had the right to be present at any hearing where your parental rights could be terminated. [2474] If you were not notified and your child was given up for adoption, talk to a lawyer IMMEDIATELY to discuss your rights and what can be done.
A lawyer may be able to help you draft an agreement with the adoptive parents so that you can continue to have contact with your child. This may be a formal agreement in writing and filed in court OR an informal agreement between you and the adoptive parents. [2475] A family lawyer can advise you on which is the better solution.
For more information and specific questions about being pregnant and giving birth while incarcerated, see Appendix H, PG. 808.
If your release date or parole date falls within 6-8 weeks after you deliver your baby, you should be given family planning services while you are incarcerated. [2476] Family planning services include referrals to physicians or community agencies and encouragement to enroll in life education classes. [2477]
Using a notebook, keep a record of all the things you did while incarcerated to prepare yourself to take care of your child in reentry. If you need to go to court after you are released, these types of records won’t prove to a judge that you are immediately ready to take over parenting, but they will help to show the judge that you tried to stay involved with the events in your child’s life, maintain a positive, loving relationship with your child, and work on improving yourself—all things that help your chances to reconnect with your child through the court system.
Keep track of the following:
If you were convicted of certain offenses involving your own child, the CDCR may not allow your child to visit at all. To try to resintate visitation privileges, you can request a court hearing to determine whether visitation is in your child’s best interests. [2479] If the court finds in your favor, you may be able to have non-contact visits with your child. [2480] The court in which you must file depends on the status of your parental rights, among other factors. Legal Services for Prisoners with Children’s Child Custody and Visiting Rights Manual for Incarcerated Parents [2481] has more information about reinstating visitation. To request a free copy of the manual by mail, write to:
The Institution Classification Committee is one of several “classification committees” that each institution must establish. [2482] The committee is composed of various members, including a chairperson (commonly the warden), an alternate chairperson (such as a correctional administrator), a psychiatrist or physician, and several other employees of the institution. [2483] The ICC’s duties include recommending the transfer of inmates. [2484] Given the warden of your institution is likely the chairperson of the ICC, you should first direct any request regarding visitation to the warden’s attention.
If you were arrested for one of the offenses listed in the flow charts above, your visiting status is unrestricted UNLESS the classification committee at your institution has determined that you could present a threat to minor visitors. [2485] The classification committee makes these decisions on a case-by-case basis, considering information from arrest reports, court transcripts, and other official documents. [2486] If the classification committee finds that such visits could be dangerous or harmful, you will be restricted to non-contact visits with your child. [2487] You can appeal the committee’s decision by filing an inmate grievance (Form 602). [2488] For more information on filing a 602, go to the PAROLE & PROBATION CHAPTER, PG. 173 (that section has information about challenging conditions of parole using a CDCR Form 602, which is very similar to challenging conditions of confinement. For an informational letter from the Prison Law Office on challenging conditions of confinement specifically, you may:
Under the law, there is a difference between being biologically related to a child and having the legal right to decide what is best for the child. “Paternity” or “parentage” is a legal concept —not a biological one! This means that you can be the child’s biological parent but not the “legal parent,” OR you can be the child’s legal parent even if you are not the biological parent. There are specific legal rules for deciding whom the child’s legal parents are—in other words, rules for establishing paternity/parentage (these legal rules are also called “presumptions”).
When a child is born, the woman who gives birth to the child (the child’s biological or “natural mother”) is automatically the child’s legal parent. But the child does not another legal parent until paternity/parentage is established according to these legal rules. Even if someone is the child’s biological parent (and can prove it), if he was never married to the mother of the child, they are not considered the child’s legal parent and do not have any legal rights or responsibilities for the child UNLESS paternity/parentage is legally established according to these presumptions. [2489] To learn more about how paternity/parentage is established, keep reading this section.
For same-sex couples, if a couple conceives through assisted reproduction (i.e. with a sperm or egg donor) than the non-biological parent is treated by law as if they were the legal parent of the child as long as there is consent in writing signed by both parents. [2490] The couple does not need to be married to meet this standard. [2491] Non-biological parents can also establish parentage if they received the child into their home and openly held them out to be their natural child, or were married at the time the child was born, but to establish legal parentage this way you would need to go to court. [2492]
Establishing paternity/parentage gives you and your child many rights, including a right to child support, access to your child’s medical records, public benefits for you and the child, and more. Once parentage is established, a family-related court (family court, probate court, or dependency court) can make orders for custody, visitation, child support, health insurance, name changes, and reimbursement of pregnancy and birth costs. [2493] Until parentage is established, the court can’t make orders about these issues.
There are two reasons why paternity/parentage can be important in reentry:
IMPORTANT: If a person is established as a legal parent of a child, that person MUST financially support the child. It is a crime for a legal parent to fail to support his or her child. [2494] A legal parent also has the right to get custody or visitation rights related to the child. For more information on how financial support may occur, please see the our section on Child Support section beginning on PG. 770. For more information on custody and visitation, please see the overview on custody and visitation on PG. 725.
Yes. After establishing paternity, a parent with a criminal record may be limited or completely denied some or all of the benefits of paternity at the time of the court hearing OR may have to establish a record of good behavior to do things like visit the child. This is a sad reality for many people in reentry trying to reconnect with their children. However, to even begin the process and establish a record of good behavior, it’s necessary to establish legal paternity/ parentage.
There are two main ways to establish paternity/parentage when the child’s parents are not married:
Yes, you can establish paternity/parentage while you are incarcerated, but it will be difficult.
If you establish paternity/parentage through a court order, you are required to file the correct forms and “serve” them – give them formal notice - on the other party in the suit. You also have to make arrangements to either attend court hearings in person or through a videoconference. You can do all these things while you are incarcerated but it may not be easy:
Forms: We recommend you obtain assistance from one or all of the following:
Filing fees: If you have limited funds, we recommend you try and obtain a file fee waiver from the court.
Attending court hearings: you can do one of the following:
If you establish paternity/parentage by signing a “Declaration of Paternity,” it must be signed by both parents at the same time and notarized. If you are incarcerated, this may not be possible. Another challenge is that the form is in triplicate and is only available through government offices such as county Social Services, Registrars of Births and Deaths, and Family Law Facilitators. [2496]
A marriage or domestic partnership can end by the following legal cases: divorce, legal separation, annulment, or summary dissolution. The following chart defines each way to end a marriage or domestic partnership, how to get it, and how to respond to a request to end a marriage or domestic partnership.
this chart provides more information on how to end a legal relationship:
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ENDING A LEGAL RELATIONSHIP:
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General Questions About Each Type |
Divorce [2497] |
Legal Separation [2498] |
Annulment [2499] |
Summary Dissolution [2500] |
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What is it?
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A divorce ends your marriage or domestic partnership. There are several requirements: (1) You must be a resident of California for at least 6 months (2) You must be a resident of the county in California for at least 3 months [2501] |
If you cannot or do not want a divorce, you can ask for a legal separation. By doing so, you can ask the court for orders about what to do with money you share, property, or parenting issues. |
An annulment is when a court says your marriage or domestic partnership is not legally valid. Examples include:
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This is a type of divorce that does not require you going to court It is not available to everyone so you should make sure you are eligible before you apply. You may not need to hire a lawyer either. BUT REMEMBER: It is in your best interest to see a lawyer about how to end your marriage or domestic partnership. |
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How do I get it?
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You will have to file several forms, serve the forms, Please see Appendix J for detailed information but here is a general overview of the steps:
(4) Fill out and serve your financial disclosure forms. |
You will have to file several forms. See Appendix K on PG. 813 for the exact steps on how to do this. |
You will have to go in front of a judge and prove that one of the above reasons applies to you and your marriage or domestic partnership. Annulments are extremely rare! Be sure to talk to a lawyer BEFORE you go before a judge so you can talk to someone about whether this is best for you. For steps on getting an annulment, see Appendix K on PG. 813 for more information. |
If you are MARRIED, you must qualify for a summary dissolution. To find out if you qualify and the steps you must take, see Appendix K on PG. 813. If you are in a DOMESTIC PARTNERSHIP or a SAME-SEX DOMESTIC PARTNERSHIP OR MARRIAGE, you can visit Appendix K on PG. 813 to see if you qualify and the steps you must take. |
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What is the effect of getting one?
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You will no longer be married so you may remarry, file your taxes differently. |
You will not be able to marry someone else, BUT you will have court orders based on what you and your partner requested such as instructions on joint custody. |
Since an annulment treats your relationship as having never been “valid” (lawful), your rights and obligations to your children, property, money that is owed may need to be established in court. |
This has the same effect as divorce. |
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How do I respond?
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First, read all the papers you receive: thee should include a petition (Form FL-100), and Summons (Form FL-110). READ THESE PAPERS CAREFULLY! If you agree with everything—including how to separate property and arrange for custody or visitation of your child(ren)—your situation is considered “uncontested.” If you or your partner DO NOT agree with everything, your situation is considered “contested” and you may want to consider mediation . For more information on mediation, see PG. 789. In a contested matter, you can also ask for a separate trial to discuss the things you disagree about. Trials can be complicated; find more information in Appendix K on PG. 813. |
If your partner filed first, you must make sure you read the Petition (Form FL-100) VERY CAREFULLY. This form, along with The Summons (Form FL 110), tells you your rights and what to do. It may also include information on restraining orders and what you can or cannot do without the court’s consent. |
Read all the papers you receive which should include a petition (Form FL-100), and Summons (Form FL-110) CAREFULLY. And most importantly, Talk to a lawyer IMMEDIATELY! The law that applies to getting an annulment is very complicated and no website can explain it fully. |
If you and your partner are getting a summary dissolution, then both of you would know because one of the requirements is that both you AND your partner agree. If you cannot find your partner, or you or your partner do not want to get a divorce, you cannot get a summary dissolution. However you may be able to get a divorce. Follow the steps on how to get a divorce on Appendix K on PG. 813. |
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What else could help me in legally ending my relationship?
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Whether you are seeking a divorce, annulment, legal separation or summary dissolution, you may want to look into mediation to help you and your partner come to agreements in the process. For more information on mediation, see PG. 789. |
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You can end a marriage or domestic partnership while you are incarcerated in the same way you would if you were out of prison or jail. However, there are a few factors you should take into consideration when deciding whether or not to end your marriage or domestic partnership while you are incarcerated:
Yes you can. The same requirements apply as if you were not incarcerated. See Appendix K, PG. 813, for the steps. But there are some things you should consider:
The process of divorce is the same, but you CANNOT make contact with your spouse or domestic partner. Instead, you will have to ask someone to file your forms for you.
To protect yourself and to make sure you do not violate the no-contact order, talk to your attorney who represented you at the time you received the protective order if you received the no-contact order as a result of a criminal investigation or criminal conviction. If the no-contact order was condition of your parole , you should contact the defense attorney/public defender who represented you and/or ask your parole officer for help. Both of these people can help you find resources so that you can begin the divorce process.
If you can no longer find your spouse, you must still file the paperwork and go through the steps of filing a divorce (see Appendix K on PG. 813 for those steps). When you appear in court, you will need to show that you tried your best to find your spouse. The judge may ask you questions about how you tried to find your spouse. If the judge feels like more should be done, s/he may require you to “notify” your spouse by “publication” (a newspaper posting) or by “posting” (putting the divorce notice on a bulletin board in the courthouse). [2504]
You will likely receive paperwork through the mail, which will include the Summons, and Petition legal papers that were filed by your former spouse. You will also receive a form called the “Notice and Acknowledgment of Receipt” (FL-117). This form asks if you would like to “waive” (meaning give up) your right to be served with future papers. If you do not agree to give up this right, then your spouse seeking the divorce will have to arrange for someone to serve future papers related to the divorce to you personally (usually someone you spouse hires or someone in law enforcement).
Once you have received this paperwork, you will have 30 days to respond. [2505] For steps on how to respond, please see Appendix K on PG. 813. Unfortunately, however, there is no law saying you have the right to be present at the court hearing—unless there will be a potential change in your rights as a parent). [2506] BUT you can still respond! You should still respond to the petition within 30 days if you disagree with something that is included in the paperwork filed by your spouse—for example, see Appendix K on PG. 813, for reasons why you could disagree with the petition.
Many people coming home from prison or jail are surprised to find they owe lots of money to various courts, agencies, and people. The money you owe can make it very hard to get back on your feet, which can leave you feeling frustrated and discouraged. In this section, we will walk you through the different types of court ordered debts that a judge can order you to pay to support your children or spouse.
In the COURT-ORDERED DEBT CHAPTER, beginning on PG. 650, we explain the types of court-ordered debts you may owe because of criminal justice system involvement. Examples of these debts include: restitution; court fines and penalties; administrative fees; and traffic fines and fees .
There are a other court-ordered debts we do not cover in that chapter because these debts are specific to court orders involving your child(ren) or former spouse. Here we provide you with an overview of family-related court-ordered debts, specifically child support and spousal support .
Family-related court-ordered debts are important to manage and navigate because if you are unaware, unwilling, or unable to pay , they can add up quickly and harm you as you try to rebuild stability in your reentry. If you owe money to help support your child or spouse, this may affect your wage earnings, credit score, ability to secure housing, bank accounts, and failure to pay could be a violation of your conditions of parole, probation, or other type of community supervision. Here, we describe each family-related court-ordered debt, how to find out if and how much you owe, how to request a change to the order, how to manage your payments, and the consequences for failure to pay.
Child support is a monthly payment that a judge can order a PARENT (including an adoptive parent) to make to another parent or caregiver to cover the child’s care and living expenses. State law says that every parent must financially support his or her child. [2507] Usually, the parent who does not have custody of the child (or who has custody some of the time and earns more money) pays child support to the parent or caregiver who has custody of the child most or all of the time. [2508]
A court can only order you to pay child support if you are legally considered to be the child’s mother or father. [2509] You have to pay child support when a family court judge makes a child support order , which says how much each parent is required to pay. A family court judge can make a child support order in any of the following cases ( please note: EITHER parent can ask the judge for a child support order in any of the following cases): [2510]
In general, you must continue to make child support payments until your child turns 18 years old, [2512] or until the judge or LCSA agrees to change the order. Child support also ends if your parental rights are terminated. [2513]
No. [2514] Child support is a parental responsibility, not a legal guardian’s responsibility, and therefore a judge cannot order a legal guardian to pay child support. [2515] But adoptive parents DO take on a legal financial responsibility to support their adoptive child(ren)—because they assume all legal rights and responsibilities of biological parents (unlike legal guardians). [2516]
In general, your child support payments go to the child’s other parent or caregiver who has physical custody of the child, OR to the state of California if your child receives public benefits or if Child Protective Services (CPS) is involved.
You can pay child support directly to the guardian in an informal capacity. If the guardian or the local child support agency (LCSA) has requested child support in court you will have to pay the state disbursement unit and they will provide support to your child’s guardian. [2517]
Owing child support can affect every area of your reentry from getting employment to occupational licenses to public benefits and even housing. If you do not make child support payments, you can face such serious consequences as the following:
If you were ordered to pay child support, you should have received papers from the LCSA or the other parent. [2527] If you can’t remember whether you received papers (or you don’t have them anymore), you should contact the LCSA to find out how much you owe. [2528] To find the LCSA in your county, call 1-866-901-3212 or visit http://www.childsup.ca.gov/home/lcsaoffices.aspx . You can also contact the family court clerk to get a copy of your child support order and other court papers.
If you disagree with the amount of overdue child support you (or the other parent) owe, you can ask the LCSA for a review of your account, and/or you can ask the judge to determine how much money you owe (called a Judicial Determination of Arrears). [2529] If the overdue child support payments are from the period of time you were incarcerated, there is a special form to ask the judge how much you owe (Form FL-676: Request For Judicial Determination of Support Arrearages or Adjustment of Arrearages Due to Incarceration or Involuntary Institutionalization.) [2530]
IMPORTANT: If you never received any papers or child support order , but the LCSA now says that you owe child support, you may be able to have the judge cancel the child support order. But you must act as soon as you find out that there is an order for you to pay child support. If you do not act immediately, the judge may refuse to cancel the order.
It depends on the date when your most recent child support order was issued by the judge AND for how long you were incarcerated. For most people, though, the answer is NO—child support generally does NOT stop automatically while you’re incarcerated.
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WILL MY CHILD SUPPORT PAYMENTS STOP AUTOMATICALLY WHILE I’M INCARCERATED? |
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NO, your payments WILL NOT stop automatically if your child support order was issued before July 1, 2011. |
If your current child support order was issued before July 1, 2011 , your child support payments will NOT stop automatically while you’re incarcerated. You will continue to owe child support payments while you are incarcerated, unless you get the judge to change your child support order. To stop your child support payments while you are incarcerated, you will need to ask the judge to reduce your payments to $0 because you do not have any income (unless you have an outside source of income to make your payments). See PG. 774 to learn how to do this. |
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YES, your payments SHOULD stop automatically if your child support order was issued on or after July 1, 2011, AND you arcerated for 90 days or more. |
If your current child support order was issued on or after July 1, 2011 AND you are incarcerated for 90 days or more, your child support payments will be automatically paused (suspended) while you are incarcerated. [2531] This means that you will not owe any child support during the time you are incarcerated, and you will not have to do anything to make this to happen. But your child support payments will automatically continue again after you are released. [2532] This special law applies to child support orders issued (i.e., made and/or changed) on or after July 1, 2011 , for parents who are incarcerated for 90 days or more. [2533] However, it may not apply if you are incarcerated for domestic violence, harassment, or for violating a previous child support order, OR if you have outside income and can afford to make payments while you’re incarcerated. [2534] |
In summary: If your most recent child support order was issued by the judge (i.e., made or changed) on or after July 1 , AND you are/were incarcerated for 90 days or more, your payments should automatically stop while you are incarcerated. If your child support order was NOT made on or after July 1, 2011, your payments will NOT automatically stop while you’re incarcerated (but you can ask the judge to reduce your payments to $0 while you’re incarcerated—see Appendix L, PG. 815.
If your child support order was made or modified on or after July 1, 2011 then your child support will automatically resume once you are released from jail. [2535]
If your child support order was made before July 1, 2011 then you should check the judge's order to see if there is an expiration on the modification. If not the order will stay at zero until the recipient of the child support decides to file for modification again. [2536]
You can make payments by one of the following methods, depending on whether or not the Local Child Support Agency (LCSA) is involved:
IMPORTANT! Whether you are making your payments to the California SDU or directly to the other parent, it’s a good idea to always keep a record of every payment you make . You can keep a separate notebook where you write down the date and amount of each payment, or make notes on a calendar every time you make a payment (including the date and amount).
IMPORTANT! If you cannot pay or are falling behind on your child support payments because you lost your job, went to jail, or some other important changes have happened, it’s recommended that you immediately contact the LCSA and/or family court and ask to change your child support amount. Don’t wait! You are responsible for paying the full amount of child support until the LSCA or judge changes the child support order. For more information about changing your child support order, see Appendix L, PG. 815.
If you are employed , a portion of your wages will be automatically taken out to pay your current and/or overdue child support (called a wage assignment or wage garnishment ). [2540] This will happen even if you only owe current child support payments, without any overdue payments or interest. If your child support payments are being taken directly from your wages, you should not need to make other payments. [2541]
If you are not employed, or if your child support is not being taken from your wages, you must make child support payments directly.
IMPORTANT: The process for changing or lowering your CURRENT and FUTURE child support payments is different than the process for changing your PAST, OVERDUE child support debt. This question will explain how to change your current child support payments. To learn about changing your past, overdue child support debt, see PG. 777770.
First the bad news: In general, you CANNOT go back and change the amount of past, overdue child support payments and interest that you owe. (The only exception is for child support orders issued on or after July 1, 2011, or if you agree to settle your past debts owed the other parent or the state—see PG. 770 to learn more). [2542]
But you CAN ask the judge to change the amount of child support that you have to pay in the future, starting from the date when you file your court papers. You CAN also ask the judge to set up a monthly payment plan so you can repay what you owe in installments. [2543]
To ask for a change in your child support payments while incarcerated, fill out the “Incarcerated Parent’s Request to Review Child Support” form and send it to your local child support agency (LCSA). [2544] You can ask the prison or jail for a copy of this form, or for a sample form. If the form is not available, you should contact the LCSA immediately by phone or letter, and explain that you are incarcerated and need to change your child support payments. [2545]
See Appendix A, PG. 788, to find contact information for a list of LCSAs by county in California.
IMPORTANT: In general, the judge can only change the amount of child support you owe for future payments (starting from the day you file papers asking for the change). The judge cannot reduce the amount of past child support that you owe. Therefore, you should contact the LCSA and/or file your court papers as soon as you are incarcerated , if possible, to request a change in your payments.
If you are served with new child support papers while in prison or jail , you should contact the LCSA listed on the paperwork right away. It is best to contact the LCSA in writing , by filling out and sending back the blank Response form that you receive with the court papers. [2546] You only have 30 days (starting from the day you receive the papers) to respond to the LCSA and/or the court. [2547] You must notify the LCSA again once you are released. [2548]
To change the amount of your current and future child support payments, you must ask the judge or LCSA (if involved in your case) to change your child support order.
See the chart on the next page as a guide for how to request a change to current and future child support payments.
USE THE FOLLOWING CHART AS A GUIDE IF YOU WANT TO REQUEST A CHANGE IN YOUR CURRENT AND FUTURE CHILD SUPPORT PAYMENTS.
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REQUESTING A CHANGE IN YOUR CURRENT & FUTURE CHILD SUPPORT PAYMENTS |
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YOU WANT TO REQUEST A CHANGE FROM |
The Court (the Judge) |
The Local Child Support Agency (LCSA) |
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What should I do? |
File a Request for Order of Child Support Modification (FL-300) AND Income & Expense Declaration (FL-150) or Financial Statement (FL-155) in family court. See Appendix L on PG. 815 for sample court forms. [2549] |
Contact your LCSA and tell them you want a “review and adjustment” of your child support order. |
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What are the steps I need to follow? |
To request a change in court, you must: Fill out the FL-300 AND FL-150 or FL-155 (see box above), and get other documents to show your income (see last bullet); File your court forms and other documents with the family court clerk; Serve copies of all your papers on the other parent (and LCSA, if involved in your case); and Have a court hearing to decide how much child support you must pay (see box below). IMPORTANT: You will need to show the judge that your circumstances have changed and you cannot afford your current child support payments—for example, because you were incarcerated, lost your job, have other expenses, or for some other reason. Along with your court forms, you should include any pay stubs or proof of income and your latest federal and state tax returns—these will show the judge how much money you make and how much you can afford to pay in child support. Ask the Family Law Facilitator for help getting all of your papers together. [2550] |
To request a change from the LCSA: Contact your LCSA and tell them you want a “review and adjustment” of the child support order. |
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What happens next? |
After you file your court forms and other documents, you will have a hearing. At the hearing, the judge can change your child support payments starting from the date you first filed your court papers. For more information on asking the judge to change your child support payments, visit http://www.courts.ca.gov/1196.htm . |
The LCSA will conduct a review and they may potentially reduce your child support payment amount. IMPORTANT: It can take up to 6 months for the LCSA to change your payments, and your child support obligations will continue to increase during this time—so don’t stop making payments while you’re waiting! |
It depends on the date when your most recent child support order was issued by the judge AND for how long you were incarcerated.
POSSIBILITY #1: If your current child support order was issued on or after July 1, 2011 AND you were incarcerated for 90 days or more:
Your payments should have automatically stopped while you are incarcerated (see Appendix L, PG. 815, for more information about automatically stopping your child support payments while incarcerated). After you are released, if you discover that your child support payments were not automatically stopped—i.e., if you find that you owe child support from while you were incarcerated—you can ask the judge to “adjust” your child support arrears (i.e., reduce your debt to $0) for the time you were incarcerated.
To do this, fill out the Request for Judicial Determination of Support Arrearages or Adjustment of Arrearages Due to Incarceration or Involuntary Institutionalization (Form FL-676, available online at http://www.courts.ca.gov/documents/fl676.pdf or in Appendix L, PG. 815), and file it with the family court where your child support order is from. You will need to prove: (1) the dates when you were incarcerated, and (2) that you could not afford to pay child support while you were incarcerated (i.e., that you had no income or other money during that time.) However, if you were incarcerated for a domestic violence or harassment offense, or for violating a previous child support order, OR if you had outside income or assets and could afford to make child support payments while you were incarcerated, the judge may refuse to reduce your debt. [2554] BUT remember—this ONLY applies if your child support order was on or after July 1, 2011 AND you are incarcerated for 90 days or more.
POSSIBILITY #2: If your current child support order was NOT issued on or after July 1, 2011, or you were incarcerated for less than 90 days:
Your payments do NOT stop during your incarceration, so you will continue to owe child support payments for this time (unless you asked the LCSA or judge to change your payments while incarcerated—see the next question for more information about how to do this). Unfortunately, the judge cannot go back and change your overdue payments in this case, but you can ask the LCSA or other parent to forgive some of your overdue payments (see next question), and you can ask the judge to change your current child support payments going forward.
It depends, but probably not entirely.
IMPORTANT: The process for changing or lowering your PAST, OVERDUE child support debt (“arrears”) is different than the process for changing your CURRENT child support payment amount. This question will explain how to change your past, overdue child support debt. To learn about changing your current child support payments, see PG. 774.
This question will explain how to change your past, overdue child support debt.
To find out, you can contact the LCSA and ask for a breakdown (detailed list) of your arrears. This will show how much you owe to the other parent and/or to the state. The chart below can also help you figure out whom you owe child support to—but it’s always best to get a breakdown from the LCSA to be sure!
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CHANGING OR LOWERING YOUR PAST, OVERDUE CHILD SUPPORT DEBT (ARREARS) |
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TO WHOM DO YOU OWE CHILD SUPPORT MONEY? |
I OWE CHILD SUPPORT TO THE STATE (CALIFORNIA) |
I OWE CHILD SUPPORT TO THE OTHER PARENT (OR CAREGIVER) |
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How do I know whom I owe? |
If the other parent (or caregiver) is receiving public benefits for your child, or if CPS has taken your child, you owe child support to the State of California. [2555] |
If your child support order was part of a divorce or family law case, you will probably owe child support directly to the other parent. |
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What should I do? |
Apply for the Compromise of Arrears Program (COAP) (see PG. 715 for more information). [2556] If you qualify, the COAP program will reduce (but not completely eliminate) the amount of child support debt that you owe to the State, so you will not have to pay as much. [2557] |
Try to work out an agreement (called a “settlement”) with the other parent (or caregiver). You may be able to work out an agreement to forgive some or all of the overdue child support, in exchange for your paying off the remaining amount right away. For example , you could offer to make—and the other parent (or caregiver) could agree to accept—a single lump sum payment all at once, rather than making many smaller payments over time and having the debt drag out. |
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Important Information to Know: |
If you miss any of your current child support or COAP payments, your COAP agreement will be cancelled AND you will owe all the debt that was previously reduced. You may not receive a refund for any of the COAP payments that you’ve already made, and you will be unable to reapply to the COAP program for 2 years. [2558] |
If you reach an agreement with the other parent, you should make sure to put it in writing for the LCSA and the judge. [2559] |
Yes. If you owe any child support payments (current and/or past, overdue payments), a portion of your public benefits payments can be automatically taken out to pay off your child support obligations. Your child support payments can be taken out of any benefits you receive except for General Assistance/General Relief (GA/GR) and SSI. [2560] That means your payments can be taken out of your unemployment, disability, workers compensation, veteran’s benefits, or any other benefits you earn.
However, if you are already receiving public assistance, the judge may decide that your income is too low to owe current child support payments. [2561] BUT—this only applies to current payments. Even if the judge decides that your income is too low for current payments, you will still owe any past, overdue child support payments that were due in the past. You should ask the judge for a payment plan that lets you to make small payments over time. [2562] Remember: The only way you can avoid paying past, overdue child support payments is (1) if your child support order was issued on or after July 1, 2011, and the payments were due while you were incarcerated for 90 days or more; OR (2) if you get a settlement agreement with the COAP program or other parent.
For more information on paying child support , you can talk to the court Family Law Facilitator, contact the LCSA, or visit the California Courts’ website on Paying a Child Support Order at http://www.courts.ca.gov/1197.htm .
Yes. Failure to pay child support can amount to a violation of supervision or parole if you are held in contempt of court for willfully withholding payment. This is because carrying out any criminal activity (which acting in contempt of court is) is a general violation of parole and supervision (for more information on parole and probation conditions, see the PAROLE & PROBATION CHAPTER, PG. 130).
Not paying child support can have very serious consequences. If a family court judge finds that you have the ability to pay support but are willfully not paying it, it can find you “in contempt of court.” Being “in contempt of court” means you are not following an order from a judge and it could be punished with jail time. This enforcement tool is generally used only when all others have failed since it has such serious consequences. [2563] If you are being charged with contempt of court and could face criminal charges, you have the right to a lawyer. If you cannot afford a lawyer, ask the court to appoint one for you. [2564]
If you are able to show that you are not able to pay before the court, you will probably not be held in contempt (which can lead to jail time). However, this still may cause other problems. Although you may not go to jail for being in debt, your credit may affected if you do not pay the child support you have been ordered to pay. [2565] If your credit is affected because you have not paid child support, you may have difficulty in doing things that result in a credit check like renting an apartment or purchasing a car.
For more information on child support payments and child support debt, check out the following resources:
Whether you are still incarcerated or back in the community, you know how important your children and your family are for rebuilding your life, your relationships, and your sense of self.
When a couple legally separates or divorces, a judge in family court may order one spouse or domestic partner to pay the other a certain amount of money each month in order to help pay for the less earning spouse or partner’s living expenses. [2566] This is called “spousal support” for married couples and “partner support” in domestic partnerships. [2567] It is sometimes also called “alimony.” [2568] To understand more about divorce and legal separation, see the section beginning on PG. 766.
IMPORTANT! Spousal and partner support are difficult legal issues. See a lawyer or a family law facilitator in your court. The family law facilitator will help you for free to:
If you and your spouse or partner either get a court-order for spousal support or you agree to a payment plan on your own, the spouse or partner that is the higher wage earner will have to pay the lesser-earning spouse or partner an adequate amount of money to help pay for the less his/her basic living expenses. [2569]
Owing spousal support can affect your credit score, your ability to get some types of employment, your income, and more. For example:
If the Local Child Support Agency (LCSA) is involved because you are paying your spousal support payment along with your child support payment, you should contact the LCSA directly to ask how much you owe. To find the LCSA in your county, call 1-866-901-3212, or visit http://www.childsup.ca.gov/home/lcsaoffices.aspx .
If LCSA is not involved you should get in contact with the person you are paying spousal support to and ask them how much you owe. If that is not possible you can also contact the family law facilitator in your county. To find the family law facilitator in your county visit: http://www.courts.ca.gov/selfhelp-facilitators.htm
If you have been “served” spousal support papers (meaning that someone has given you, or mailed you legal papers telling you that they have filed papers that ask the Family Court to issue an order about spousal or partner support), you should respond if you want to have input into the judge’s final decision.
To respond, you must file a “ Responsive Declaration to Request for Order” (Form FL-320) and your “ Income and Expense Declaration” (Form FL-150). Once you have filled out the forms, you could ask your Family Law Facilitator to review them before filing with the court clerk.
After you have filed your forms, you must serve your spouse/partner with your response and your Form FL-320 at least 9 days before the hearing (which is scheduled at the time you file your response with the court clerk).
Your spousal support payments do not automatically stop while you are incarcerated, but you can request that your order be paused or reduced if you are not longer able to pay. For steps on how to change an order, see Appendix M, PG. 822.
If you do not ask the family court judge to reduce your spousal support order, then your missed payments plus interest will add up while you are incarcerated, and you must pay this after you are released.
To reduce or pause spousal/partner support payments, you should either (1) if no children are involved, contact your local Family Law/Self-Help Facilitator OR (2) if children are involved, contact your local child support agency (LCSA). For help to find either your family law/self-help facilitator or LSCA, see Appendix A, PG. 788.
Because your spousal support payments do not automatically stop while you are incarcerated, then your release will not cause the payments to automatically begin. Follow the court order for your spousal support payments for all relevant dates and amounts owed.
Most spousal support is paid through “earning assignments,” also known as “wage garnishments.” This is a portion of money that is removed from your paycheck BEFORE you get paid. In the same way that many taxes are taken out, an “earning assignment” or wage garnishment is removed directly from your paycheck and is considered payment for your court spousal order (and/or child support order). [2570]
Once this money is taken from your paycheck (or “withheld), your employer will send your money based on the type of order was issued. If your order was for:
If you have any questions about the SDU, contact the SDU directly at 1-866-901-3212 or visit the California State Disbursement Unit's website listed on Appendix A, PG. 788.
After a judge makes a spousal or partner support order, one or both spouses or domestic partners may need to change the order. This may happen because you or your former spouse’s job changed, you or your former spouse does not need support any more, or you would like to make changes because the spouse that is paying cannot afford to pay the ordered amount. When deciding whether to change the order, a judge will look to determine if there is are “changes in circumstances.”
IMPORTANT! Unless the judge signs a new court order, the existing spousal or partner support amount and order will not be changed. So, to protect yourself, even if you have a verbal agreement with your spouse/domestic partner to change the spousal or partner support amount, put it in writing and have a judge sign it. That way you have a current spousal or partner support order that reflects the current amount.
IMMEDIATELY! It takes time for the courts to process paperwork and/or to schedule a hearing before a judge to change court orders and you do not want to get into trouble if your circumstances have changed and now it is difficult to pay. Remember, failure to pay because you do not want to pay may result in the court stating you are in “contempt of court” which may lead to jail time.
For steps on how to change your spousal support court order, see Appendix M, PG. 822.
You cannot change these arrears.
Unfortunately, although it is possible to modify the amount of spousal support that you pay and end spousal support all together, these changes cannot be made retroactively. There is no way to get rid of past over due spousal support payments.
It depends on the type of benefits you are receiving. Federal benefits can be garnished to provide spousal support. [2573] Under California law, up to 25% of unemployment compensation benefits and state disability benefits can also be withheld to pay spousal or child support [2574] . Other state benefits such as welfare cannot be withheld. An application has to be made to the court giving you an opportunity to contest any such garnishments before they can take effect.
Every person on parole and supervision is subjected to a set of general conditions, one of which is the prohibition of carrying out any illegal activities (see the PAROLE & PROBATION CHAPTER, beginning on PG. 125, for more information about the conditions that apply to your specific type of supervision).
Although not paying your spousal support is not a crime in and of itself, if a judge determines that you have the resources to pay, but are willfully refusing to do so, you might be found in contempt of court. This is a criminal charge that would amount to a parole violation.
Someone cannot be put in jail just because they owe money. But the person who owes support is ignoring a court order to pay support, so he or she can be prosecuted for being in contempt of court and could go to jail for that reason. This enforcement tool is generally used as a last resort when all other efforts to collect support have failed. If you are being charged with contempt of court and could face criminal charges, you have the right to a lawyer. If you cannot afford a lawyer, ask the court to appoint one for you. [2575]
If you are able to show that you are not able to pay before the court, you will probably not be held in contempt (which can lead to jail time). However, this still may cause other problems. Although you may not go to jail for being in debt, your credit may affected if you do not pay the spousal support you have been ordered to pay. [2576] If your credit is affected because you have not paid spousal support, you may have difficulty in doing things that result in a credit check like renting an apartment or purchasing a car.
Spousal support can be requested by you and ordered by a judge in a divorce, legal separation, annulment or domestic violence restraining order proceeding. You can also agree to spousal support with your spouse on your own, outside of court. The agreement about spousal support (sometimes called a stipulation) will have the full force of law once a judge signs it. [2577]
You can ask for a spousal support order once you file (start) your divorce, legal separation, annulment or domestic violence restraining order case. [2578] You can get temporary orders for spousal support while you are waiting for the final judgment in your case. For more information on the procedure for requesting a temporary spousal support order, see Appendix M, PG. 822.
To set up a spousal support order, you or your spouse must request an order from the judge. The procedure for requesting an order depends on:
IMPORTANT! We recommend you ask the family law facilitator in your court to help you fill out the forms in order to request spousal support. Additionally, the California Courts website has all the forms you may need in order to start or join a family court case (available at: http://www.courts.ca.gov/9050.htm ).
You can request spousal support while you are incarcerated but the judge will likely not grant it. [2579] The process is the same as it would be if you were not incarcerated. See the preceding question for information on how to request spousal support.
A judge, when ordering spousal support, looks at the receiving spouse’s need for the money to meet basic expenses. [2580] It will be extremely hard for you to justify the need for financial support from your spouse while you are incarcerated because the federal, state or county institution where you are serving your sentence is already providing you with your basic necessities such as food, clothing and shelter and you do not have personal expenses during your incarceration.
Therefore, it is advised that you ask the judge to hold on making a determination as to spousal support until you are released.
Domestic violence is defined as abuse or threats of abuse between two people who are in or have been in an intimate relationship (married or domestic partners, dating or used to date, live or lived together, or have a child together), or when there is violence between two people closely related by blood or by marriage.
Domestic violence laws consider the following to be abuse :
IMPORTANT: If you were abused by your partner before you were incarcerated and/or are afraid of your partner, it may help you to talk to a domestic violence counselor, even if you do not want (or are not sure if you want) to ask for legal protection.
A court order is a legally enforceable decision made by a judge.
A domestic violence restraining order is a court order that helps protect people from abuse or threats of abuse from someone they have a close relationship with. [2581]
There are four different types of domestic violence restraining orders. [2582] Please see the chart below for general information on all four restraining order types.
|
Types of Restraining Orders & Stay-Away Orders
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|||||
|
Emergency Protective Order |
Temporary Restraining Order |
Permanent Restraining Order |
Criminal Protective Order or “Stay-Away” Order |
Parole and Probation |
|
|
Who can ask for it? |
This is an order that only law enforcement can ask for by calling a judge. A judge can issue EPOs 24 hours a day. So, a police officer that answers a domestic violence call can ask a judge for an emergency protective order at any time of the day or night |
You or your spouse. To get a temporary restraining order, paperwork must be completed and an explanation is given as to why an order is needed. |
The person who asked for the temporary restraining order or the person who responded to the temporary restraining order. |
Sometimes, when there is a domestic violence incident (or series of incidents), the district attorney will file criminal charges against the abuser. This starts a criminal court case going. |
Sometimes your parole or probation conditions will include a special condition restricting contact with certain people. |
|
How long does it last? |
It can only last 7 days. It usually becomes a temporary restraining order. |
This usually last between 20 and 25 days, until the court hearing date. |
Usually lasts 3 years. |
It depends on the outcome of the criminal case. If the accused person is found guilty or pleads guilty, it may last for 3 years. |
The length of your parole or probation |
|
What can a judge do with this type of order? |
The judge can order the accused to leave the home. |
The judge can order the accused to leave the home. If you violate the restraining order, you may go to jail, pay a fine, or both |
At the end of those 3 years (or whenever your order runs out), a new restraining order can be requested so that the order continues. |
The judge can order the accused to leave the home. If you violate the restraining order, you may go to jail, pay a fine, or both. |
Depending on the type of order, should you breach the condition you would go through the parole or probation administrative appeal process. |
A restraining order is a court order made by a judge. [2583] It can require someone to:
A restraining order cannot: [2585]
If you have a restraining order against you, there are things you may not be able to do, for example: [2586]
What you can/can’t do, and whom you can/can’t see or visit, will be specifically outlined in the restraining order. Read it carefully!
If you violate the restraining order, you may go to jail, pay a fine, or both. [2587] Make sure you review the order against you and know what you can and cannot do. A violation of a protective order can occur in many ways—for example, it could be a violation to contact the protected person through social media, even tagging the person in a picture or a comment. Violation of a protective order may also be leaving messages or being in the physical area of a protected person. A court may determine that you violated a protective order even if you respond to a message sent by the protected person. With all of these things in mind, the most simple instruction is to do not contact or respond to a person who has a restraining order against you in ANY manner.
You will likely STILL be in violation of the order. Restraining orders are not mutual, they are a one-way street. [2588] This means that only you as the “restrained person” can violate the order, the “protected person” cannot. It is your duty, as the restrained person under the protective order, to make sure that you quickly leave the area and do not try and communicate with your partner when you realized that your partner is in the same area.
NOTE: It is possible for both people to have mutual restraining orders against one another. To stay in compliance, you should follow any orders against you, even if you also have an order against the other person.
We hope the FAMILY & CHILDREN CHAPTER has empowered you to reconnect with your family, and to gain greater rights and responsibilities as a parent. Feel free to contact Root & Rebound by phone at 510-279-4662 or by writing to Root & Rebound, 1730 Franklin Street, Suite 300, Oakland, CA 94612, for further assistance or a referral.
This chart gives websites and basic contact information for the following:
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I AM LOOKING FOR… |
WEBSITE / CONTACT INFORMATION |
|
Local Family Court |
Find hours, locations, and contact information for your local family court online here: http://www.courts.ca.gov/find-my-court.htm . |
|
Local Family Law Facilitator |
Find hours, locations, and contact information for your local Family Law Facilitator online here: http://www.courts.ca.gov/selfhelp-facilitators.htm . |
|
Local Child Support Agency (“LCSA”) in my county |
Find hours, locations, and contact information for your county’s LCSA online here: http://www.childsup.ca.gov/home/lcsaoffices/tabid/301/default.aspx . You can also contact your LCSA by calling the statewide Customer Connect telephone line at 1-866-901-3212. Follow the telephone menu options. |
|
California State Disbursement Unit
|
Find contact information for the California SDU online here: http://www.childsup.ca.gov/Payments/StateDisbursementUnitSDU/tabid/85/Default.aspx . |
This Appendix explains more about the rules and procedures for child custody mediation —which can help to resolve disagreements about the care of a child.
Child custody mediation is a meeting place through the court for parents and caregivers to handle disagreements about custody and visitation plans for their children. [2589] In mediation, there is another person, a third-party mediator , who helps parents or caregivers come to an agreement. After mediation, the judge must sign this agreement in court to make it official. In some cases, the judge will make changes that he or she believes are in the “best interest of the child.” [2590]
IMPORTANT! Child custody mediation may not be appropriate in cases of domestic violence. A mediator’s role is to help resolve issues between parents who disagree, not to address issues related to domestic violence.
The mediator will meet with you and the other parent (or caregiver), either together or separately with your attorneys. The mediator will first ask questions to understand your family history and will share information about what children generally need at different ages. [2591] The child(ren) may be interviewed to better understand the situation. [2592]
Appointments with your mediator may last only a short time or take several hours. You may also meet with the mediator more than once.
If the parents are able to agree, the mediator helps the parents write a custody and visitation plan. If the custody and visitation plan is signed by the judge , this plan becomes an official court order. But it’s not official until signed by the judge.
In some counties in California, the mediator will make recommendations , as well, and may provide that written recommendation to the judge.
A mediator is a person who has been professionally trained (usually has a graduate degree) to help resolve disagreements between two people figuring out parenting plans, and knows a lot about the California family court system.
The mediator will not and cannot know you or the other parent/caregiver because he or she is supposed to listen to both of you equally and fairly . [2593] The mediator helps you decide when the children will be with each parent, how future decisions about your children will be made and will help you consider the best way to protect your children’s safety and well-being. [2594]
The mediator may also have additional information about community services that may be helpful to you and your child(ren).
You can find low-cost mediators on the following website: http://www.courts.ca.gov/selfhelp-familycourtservices.htm (organized by county).
It depends on the court. If you need an interpreter, you can ask your mediator if he/she has any recommendations. Also be sure to ask if there will be a fee, and if there is a fee for an interpreter, whether or not it can be waived (removed).
It depends on the court. In some local family courts, mediators make recommendations to the judge about child custody and visitation. In these courts, if you and the other parent cannot agree on a parenting plan through mediation, the mediator is asked to give the court a written recommendation. This recommendation will contain the mediator’s opinion about what parenting arrangement will be in your children’s best interest. Both you and the other parent (or caregiver) will also get a copy of the mediator’s recommendation.
In other courts, mediation is confidential and the mediators do NOT make a recommendation to the court about child custody and visitation. If the parents agree on any issues, the mediator may provide the court with a written summary that summarizes the issues that the parents agree on.
Usually, mediators interview both sides together, but if there has been domestic violence or there is a restraining order between the parents or other concerns about meeting together, the parents may ask to meet with the mediator separately. Sometimes, even when there is no domestic violence, the mediator may decide it is more appropriate and helpful to meet separately with each parent. The special rules about mediation allow the mediator to do this.
It depends on the court. The things you tell your mediator, either alone and/or with your child’s caregiver, may not be kept secret (confidential). Ask for information in writing as to whether your conversations will be kept secret or shared with others. You can also ask the Family Law Facilitator about confidentiality and mediation.
IMPORTANT: If a mediator suspects that there is child abuse or has concerns about the physical safety of the child(ren), he or she may need to report the case to the local child protective services (CPS) or the court.
No. You will not be forced or required to make an agreement if you participate in child custody mediation. HOWEVER, before you enter into mediation, you should ask your mediator and/or the judge in family court what could happen if you do not reach an agreement with the other parent/caregiver.
If you and the other parent/caregiver reach an agreement on your parenting/caregiving plan:
The mediator will usually prepare a written agreement for both parents to sign. If neither parent has a lawyer, the mediator or the parents will give the agreement to the judge to approve and sign. When the judge signs it, it becomes an official court order. However, if you do have a lawyer, ask your lawyer any questions you have and ask your lawyer to review your written agreement BEFORE you sign it.
If you and the other parent/caregiver do NOT reach an agreement on your parenting/caregiving plan, the following may happen:
If you and the other parent/caregiver reach an agreement on your parenting/caregiving plan:
The mediator will write up a plan for both of you to sign. Once the judge approves and signs it, it becomes a court order.
If you and the other parent/caregiver do NOT reach an agreement on your parenting/caregiving plan:
What happens next depends on the court – so you should ask the mediator or Family Law Facilitator about how the process works in your local court. Here’s what happens in many cases:
If you are interested in getting custody of or visitation with your child, before reading this Appendix, we first recommend you read the following sections of this Chapter: STEPS FOR RECONNECTING (see PG. 721). ; BASICS ABOUT CUSTODY AND VISTATION (see PG. 725) These sections will help you understand the legal meaning of custody and visitation, what each looks like in real life, how your criminal record generally affects your rights to custody and/or visitation, and first steps to take if you are interested in reconnecting with a child in reentry. After reading thiese sections, if you would like to open a case in Family Court, the information below will help you understand how to begin or join a family court case.
If you have any questions about starting a case and/or if you need help with deciding which form to pick and file, and/or what kind of case you should bring to family court, you can and should contact a lawyer, the Family Law Facilitator who works at your county family court (see Appendix A, PG. 788 to find your local Family Law Facilitator), and/or a legal aid provider.
When a case in family court is first filed, it must be personally served on the other party or parties. This means that you cannot mail the forms, but have to find someone to hand deliver the forms to whomever you are suing. This is called “service of process.” Any adult over the age of 18 can do this for you.
IMPORTANT!: Completing these steps means you are now involved in an active custody and/or visitation case involving your child. Family court cases, like all court cases, require a lot of paperwork, documents, and forms. Navigating all the court forms and processes can be, and often is, very confusing. We are trying to simplify this process for you by not bogging you down with details on each step mentioned above. As a result, we strongly recommend you get help from another person or legal aid organization that specializes in the family court process. They can and will help with all the specifics on forms, documents, paperwork, and processes. You should talk to a lawyer, the Family Law Facilitator who works at your county family court, and/or a legal aid provider.
If a judge finds that you are a “de facto parent,” you have the right to: [2597]
For more information on becoming a de facto parent, visit the Judicial Council website at http://www.courts.ca.gov/1207.htm . You may also want to attach support letters from others who know you and your child.
The judge will make a decision by looking at past court decisions and will consider the care you gave the child, how long you provided the care, and if you were able to meet the child’s needs. [2599] If you have harmed the child or put the child at risk, the judge will probably decide that you are not a “de facto parent.” [2600]
Even if you do not become a “de facto parent,” you can also fill out a “Caregiver Information Form” to give the judge more information about the child and help the judge make decisions about what will be best for him or her.
If you want to become a “de facto parent,” these forms can help you:
Remember, a “de facto parent” is not a legal guardian and has fewer legal rights than a guardian. If you are unsure if being a “de facto parent” or guardian is best, please see PG. 741 for more information.
San Francisco, CA-based legal nonprofit Legal Services for Prisoners with Children (LSPC) has drafted several helpful resources for currently and formerly incarcerated parents. These resources, which focus on California law, are available on their website at http://www.prisonerswithchildren.org/resource-library/family-matters/ . If you are currently incarcerated, you can write LSPC to request a copy of any of the resources listed below. Their address is
Currently, LSPC offers the following written materials:
If the dependency court judge ended your reunification services with your child(ren), your ability to request a change to the judge’s orders will depend on how much time has passed since the case was closed. You may be able to file what is called a 388 petition.
If the judge ended your reunification services (for example, because you did not meet the requirements of your case plan in time), and placed your child in long-term foster care or with a legal guardian, or closed your child’s case, you may be able to file papers in dependency court (called a 388 petition ) asking the judge to change the current court order and give you visitation, custody, and/or end a legal guardianship of your child. [2601] BUT if several years have passed since your child’s dependency case was closed , it may be too late to go back to dependency court and ask to change the court order. [2602] Instead, you can file new papers in family court and ask to change the dependency court order. We briefly explain both processes below.
POSSIBILITY #1: If your reunification services ended recently (in approximately the past year):
You can file a 388 petition in the same juvenile dependency court where your child’s case took place. In your 388 petition , you will need to explain AND prove to the judge (with documents, actions, and evidence) that:
The “change in circumstances” must generally be major and long-term . The judge wants to see that you are committed to the change and won’t go back to your old situation—for example, that you successfully completed your prison or jail sentence; your parole, probation, or community supervision; and/or resolved whatever issues caused CPS and the court to get involved in the first place. Other examples might include: completing an anger management or domestic violence program and taking steps to fix any previous harm you caused; completing a drug rehabilitation program and staying sober for a year or more; and avoiding criminal activity or arrest for several years . [2604]
POSSIBILITY #2: If it has been several years since your reunification services ended:
You must go to family court and file papers asking to change the juvenile dependency court order. To be successful, you will have to show:
NOTE: These are the same things you have to prove for a 388 petition (described immediately above). For more information on Family Court, see PG. 737.
You should ask the lawyer who represented you in dependency court (or someone else who is familiar with your case) to help you write the 388 petition , since it must be very detailed. [2606] (The court’s Family Law Facilitator may also help explain the 388 petition process.)
Beginning on the next page, you will find the court’s instructions to how to file a 388 Petition and the two court forms you needed
If your child is involved in a juvenile delinquency case that means he or she is accused of breaking the law. This section covers what happens after a minor is arrested, how the juvenile delinquency court process works, what your child’s rights are, and what your rights and responsibilities are as the parent (or guardian).
If your child is arrested, the police can:
If the police want to talk with your child about what happened, they must first tell your child his/her legal rights (called “Miranda rights”). These are:
Your rights if your child is arrested:
Read the Notice to Appear carefully. It will probably tell you to go to the probation department to meet with a probation officer. Go to http://www.cdcr.ca.gov/ to find the local probation department.
Four things can happen at the meeting. The probation officer may:
If a petition is filed in court, your child’s case will be filed in the juvenile delinquency court.
Along with the notice about the hearing, you may receive a copy of a petition – either a 601 Petition or a 602 Petition – filed with the court about your child. The petition says what your child is accused of, and asks the court to handle your child’s case. The notice tells you when and where to go for your child’s first court hearing – the detention hearing. [2617] Read on for a bit more explanation:
601 petitions are filed by the probation department and allege facts that are only illegal because the offender is a child. This includes things such as breaking curfew, skipping school, running away or disobeying parents. If the court finds a minor guilty of these offenses they will become what is known as a “status offender”. [2618]
602 petitions are filed by the District Attorney’s office and allege offenses that would be criminal if the minor were 18 years or older. This includes both felonies and misdemeanors. If the court finds the allegations to be true the child will become a “delinquent”. [2619]
During what is known as the fitness or waiver hearing, the court will determined whether the child is “unfit” for juvenile court. If so, he or she will be tried in adult court. Children can only be deemed unfit if they were 14 or older at the time of the alleged offense. [2620]
As the parent, you have a right to get a copy of the petition about your child, along with notice about your child’s first hearing – the detention hearing. (If your child is 8 or older, he/she should also get a notice.) If your child is locked up, you should get the notice at least 5 days before this hearing. If your child is not locked up, you should get the petition and a notice at least 10 days before the hearing. If the hearing is less than 5 days after the petition is filed, you should get the notice at least 24 hours before the hearing. [2621]
If your child is locked up for more than 2 days, he/she should have a detention hearing within 3 court days. At this hearing, the judge will decide if your child can go home before the next hearing. [2622]
There are seven different types of hearings your child may have in juvenile court. You must go to these hearings.
At these hearings, the judge will decide what’s best for your child. The judge may ask you questions, or you may be a witness in the case. If you can prove that your child listens to you and follows your rules, the judge may let your child go home with you.
Your child will get a lawyer who speaks for his/her interests, and the district attorney will speak for the state. You can ask to talk to the judge, but the court probably won’t appoint you a lawyer.
If your child speaks a language other than English, he/she has a right to an interpreter. You may be able to have one, too. If you need one, ask the court before the hearing date.
The court will consider how old your child is, how serious the crime is, and whether your child already has a criminal record. The court will then decide what should happen with your child. [2623]
There are 7 kinds of hearings your child may have in juvenile court. You must go to these hearings.
Here are 7 types of hearings your child may have in juvenile court:
The juvenile delinquency court can make any of the following orders:
The court will consider how old your child is, how serious the crime is, and the child’s criminal record if any. The court can order that:
If your child is sent to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ), he or she will go to a “reception center” for the first 30 to 90 days. The center will find out what education and treatment your child needs. Then your child will go a correctional facility or youth camp. [2627]
Find the DJJ’s reception centers online at the following website: http://www.cdcr.ca.gov/Juvenile_Justice/Facility_Locations/index.html .
Some children can legally be treated as adults in the criminal justice system.
If a child is 14 or older, his/her case can be sent to adult court for certain “serious” crimes, such as: Murder or attempted murder; Setting fire to a building with people in it; Robbery with a weapon; Rape; Kidnapping; Carjacking; Crimes with guns; Drug crimes; AND Escape from a juvenile detention facility.
If a child is tried in adult court, he/she can be sentenced to adult prison (CDCR). [2628] Depending on how old the child is when sentenced as an adult, and how long the sentence is, he/she may be allowed to stay at DJJ for certain parts of the prison sentence:
If your child’s case might be going to adult court, talk to a lawyer about what can happen. [2629]
Maybe. Your child might be able to get some of his/her juvenile records “sealed”: After your child turns 18, he/she can file a petition to have the records sealed. Or, 5-6 years after the case ends, you can file a petition to do this. If the court approves the petition, all records of the case and the arrest will be sealed. [2630]
For more information on sealing juvenile records, speak to your family law facilitator, a lawyer, or contact the clerk at the juvenile delinquency court where you child’s case is being heard. For more general information on sealing juvenile records, see http://www.courts.ca.gov/28120.htm .
The Roadmap to Reentry guide is focused on identifying and navigating barriers for people in reentry from prison or jail— not on issues faced during your incarceration. But because mothering and pregnancy while incarcerated are such important topics, and can later impact your rights as a parent in reentry, this chapter and appendix provide a brief overview of some key questions you may have if you give birth while you are incarcerated. If you need more information, we recommend checking out the free resources referenced at the end of this Appendix.
Yes, but that chance is very slim. California has six very small mother-infant prison facilities. There are three facilities known as “Family Foundations” and you can only go there if you are sent by your sentencing judge. [2631]
The other program is the Community Prison Mother Program. There are also three of these facilities are located in Oakland (Project Pride), Pomona (Prototypes), and Bakersfield (Turning Point). [2632] Women are transferred here after they have given birth, applied to the program, and were accepted.
The Family Foundations Program (FFP) is an alternative sentencing program. To begin the process, it is best if your attorney or the court contact the Women and Children’s Services unit so that you may be prescreened for the program to determine if you are eligible and so you can be placed on the waiting list. At sentencing, the judge must recommend you for the program. [2633] If you meet the criteria for the program, you will go directly to the FFP location. If you aren’t screened until after you are sentenced, you will go first to prison and then later be transported to a FFP location. [2634] If you have another child and or you give labor prior to going to FFP, your child must be brought to FFP in order for you to stay. If your child isn’t brought to FFP, you will be sent back to state prison. While enrolled in the FFP, you will receive prenatal care, parenting classes and access to prenatal vitamins. [2635]
To go to FFP, you must be [2636]
By statute, you cannot go to FFP if you
Have a prior prison term for, or a current conviction of, any of the so-called “serious” offenses listed in Penal Code section 1174.4(a)(2)
If a woman’s child is under the jurisdiction of the juvenile dependency court, and Child protective Services objects [2637]
Other CDCR publications include more requirements. For example, a mother must not have an immigration or “potential or active Felony hold”, “must have primary custody of her child or children,” and sets a two-child limit. [2638]
After you give birth, you will receive notice of and a written application for the Community Prison Mother Program (CPMP). [2639] If you arrive at state prison and you are already a mother, you should be informed of the CPMP. [2640] If you meet the requirements, your facility will declare you “eligible” to participate. [2641] To take part in the program, you must apply and this process can take anywhere from a few months to over a year. But applying DOES NOT mean that you will be accepted. If you are denied, you will receive notice that you were denied and instructions to appeal. [2642]
To be eligible for the Community Prison Mothering Program, a woman must
have one or more biological children under age six when received by or committed to state prison;
be the primary caretaker of the children before incarceration, AND
not been found to be an unfit parent. Or she can be pregnant or have given birth while under CDCR jurisdiction. She must be sentenced to a maximum of six years (after deduction of goodtime credit).
There are several things that can stop you from being eligible for CPMP. [2643] For example, if you were convicted or pled guilty to certain sex or drug offenses you will not be eligible for CPMP. [2644] You may also be excluded if you have an older child. [2645]
Deciding what is best for you and your unborn child is difficult challenge. The best way to decide if the CPMP is best or finding a guardian can only be done with research and asking questions.
Yes. Unfortunately, you cannot return to your facility (whether it is a state or federal run facility) with a baby. Instead, it is important to make a placement plan for your child to make sure that he or she is cared for and to reunify in the future.
As a mother, you have the right to make arrangements for the care of your child, and it is important that you do so before you give birth. [2646]
Here is a summary of 3 ways in which you can make arrangements for your child after birth:
You should receive information from both your facility and the facility’s medical staff regarding a placement plan for your child.
Health and Safety Code Section 1522(g)(1) lists or refers to convictions for crimes for which no exemptions are allowed. These crimes are identified below:
1. California Penal Code Sections 186.22 and 136.1 – Gang related/Intimidation of witnesses or victims.
2. California Penal Code Sections 187, 190 through 190.4 and 192(a) – Any murder/Attempted murder/Voluntary manslaughter.
3. California Penal Code Section 203 – Any mayhem.
4. California Penal Code Section 206 – Felony torture.
5. California Penal Code Sections 207, 208, 209, 209.5, 210 – Kidnapping.
6. California Penal Code Sections 211, 212, 212.5, 213, 214 – Any robbery.
7. California Penal Code Section 215 – Carjacking.
8. California Penal Code Section 220 – Assault with intent to commit mayhem, rape, sodomy or oral copulation.
9. California Penal Code Section 243.4 – Sexual battery.
10. California Penal Code Section 261(a), (a)(1), (2), (3), (4) or (6) – Rape.
11. California Penal Code Section 262(a)(1) or (4) – Rape of a spouse.
12. California Penal Code Section 264.1 – Rape in concert.
13. California Penal Code Section 266 – Enticing a minor into prostitution.
14. California Penal Code Section 266c – Induce to sexual intercourse, etc. by fear or consent through fraud.
15. California Penal Code Section 266h(b) – Pimping a minor.
16. California Penal Code Section 266i(b) – Pandering a minor.
17. California Penal Code Section 266j – Providing a minor under 16 for lewd or lascivious act.
18. California Penal Code Section 267 – Abduction for prostitution.
19. California Penal Code Section 269 – Aggravated assault of a child.
20. California Penal Code Section 272 – Contributing to the delinquency of a minor (must involve lewd or lascivious conduct).
21. California Penal Code Sections 273a(a) [or 273a(1) if the conviction was prior to January 1, 1994] – Willfully causing or permitting any child to suffer under circumstances or conditions likely to produce great bodily harm or death.
22. California Penal Code Section 273d – Willfully inflicting any cruel or inhuman corporal punishment or injury on a child.
23. California Penal Code Section 285 – Incest.
24. California Penal Code Section 286 – Sodomy.
25. California Penal Code Section 288 – Lewd or lascivious act upon a child under 14.
26. California Penal Code Section 288a – Oral copulation.
27. California Penal Code Section 288.2 – Felony conviction for distributing lewd material to children.
28. California Penal Code Section 288.5(a) – Continuous sexual abuse of a child.
29. California Penal Code Section 289 – Genital or anal penetration or abuse by any foreign or unknown object.
30. California Penal Code Section 290(a) – All crimes for which one must register as a sex offender including attempts and not guilty by insanity.
31. California Penal Code Section 311.2(b), (c) or (d) – Transporting or distributing child-related pornography.
32. California Penal Code Section 311.3 – Sexual exploitation of a child
33. California Penal Code Section 311.4 – Using a minor to assist in making or distributing child pornography.
34. California Penal Code Section 311.10 – Advertising or distributing child pornography.
35. California Penal Code Section 311.11 – Possessing child pornography.
36. California Penal Code Sections 314(1) or (2) – Lewd or obscene exposure of private parts.
37. California Penal Code Section 347(a) – Poisoning or adulterating food, drink, medicine, pharmaceutical products, spring, well, reservoir or public water supply.
38. California Penal Code Section 368(b) or (c) if after January 1, 1999 – Elder or dependent adult abuse.
39. California Penal Code Section 417(b) – Drawing, exhibiting or using a loaded firearm.
40. California Penal Code Section 451(a) or (b) – Arson.
41. California Penal Code Section 460(a) – First degree burglary.
42. California Penal Code Sections 186.22 and 518 – Gang related/Extortion.
43. California Penal Code Section 647.6 or prior to 1987 former Section 647a – Annoy or molest a child under 18.
44. California Penal Code Section 653f(c) – Solicit another to commit rape, sodomy, etc.
45. California Penal Code Sections 664/187 – Any attempted murder.
46. California Penal Code Section 667.5(c)(7) – Any felony punishable by death or imprisonment in the state prison for life.
47. California Penal Code Section 667.5(c)(8) – Enhancement for any felony that inflicts great bodily injury.
48. California Penal Code Section 667.5(c)(13) – Enhancement for violation of Penal Code Section 12308, 12309 or 12310 – exploding or igniting or attempting to explode or ignite any destructive device or explosive with intent to commit murder.
49. California Penal Code Section 667.5(c)(14) - Any kidnapping – Penal Code Sections 207, 208, 209, 209.5 and 210.
50. California Penal Code Section 667.5(c)(22) - Any violation of Penal Code Section 12022.53 – Enhancement for listed felonies where use of a firearm. 51. Business and Professions Code Section 729 – Felony sexual exploitation by a physician, psychotherapist, counselor, etc.
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DECLARATION OF PATERNITY: A Snapshot |
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What is it? |
A form that when you complete, has the same effect as a court order as it establishes who the legal parents are of a child. |
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What does it do? |
Since it establishes who are the child’s legal parents are, a parent can go to court and ask for orders to be made for the care of the child including but not limited to custody, visitation, and child support. |
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When is it signed? |
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How do I Get A Copy? |
If you filed a Declaration of Paternity and want a copy of it, you can either complete a Request for a Filed Declaration of Paternity (CS 918) or send a letter to the Department of Child Support Services- POP Unit. If you use a letter for your request , please include all the identifying information about the child and parents shown above. Also include your name, mailing address and signature since you are making the request. See Appendix J, PG. 812 for more information. |
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Can I cancel it? |
Possibly, but it will depend on several factors. See Appendix J, PG. 812 for more information on cancelling your Declaration of Paternity. [2648] |
A Declaration of Paternity is a form used in California that, when signed by both parents, establishes them as the legal parents of the child. It is used when parents of a child who are not married want to establish themselves as the child’s legal parent. A properly signed Declaration of Paternity has the same effect as a court order from the judge. [2649]
Your Local Child Support Agency (LCSA) can bring an action to establish the paternity/ parentage of your child. As part of this action, they will ask the court for a child support order. This service is free and is available to both parents. To begin, call the LCSA and ask for an appointment to open a case for parentage and support. You can open a case during the pregnancy and a genetic test can be ordered (if the other person denies being the parent) after the child is born. Also, when one parent is on welfare for the children (for example, if they receive Cal-Works or Medi-Cal), the LCSA automatically gets involved and opens a case. [2650] You may also want to contact your local department of child support services, registrar of births, family law facilitator or welfare office.
IMPORTANT: The local child support agency (LCSA) can be a helpful resource but they are not your lawyers and the information you provide will not be kept secret (confidential). The LSCA can also share certain information to other agencies, the other parent or your employer. If you need more advice or privacy, it would be best to contact a lawyer and/or your local legal aid office. [2651]
Basic steps to file for a divorce or legal separation:
You will have to pay a filing fee. If you cannot afford the fee, you can ask for a fee waiver .
IMPORTANT NOTE: If you want the judge to make temporary orders for child or spousal support, bill payment, protection from domestic violence, or other issues, you must fill out and file other forms with the order form for a divorce or dissolution of marriage. Talk to your family law facilitator or self-help center to ask for help with temporary orders.
Basic Steps to Responding to a Divorce or Legal Separation:
There are a lot of California forms that must be completed if you are filing, responding, or completing a divorce or legal separation. You may also have special forms that must be completed depending on the county you live in. To find your county, please see Appendix A on PG. X to find your county.
It is VERY important that all of you forms are completed and filed at the right time. To make sure you follow and complete all the steps, you can talk to a lawyer or a family law facilitator to help.
Below is a list of forms that you will have to complete whether you are filing or responding to a divorce.
There may be things you must “declare” meaning you are to tell your spouse and/or the court what you have in order to get a divorce. Below are various forms you may also need to complete.
An important part of filing for divorce is “service” which is also considered notification or how the other spouse and, or the local child support agency is told that you want a divorce.
Below are forms that you may need:
In California, you and your spouse must give each other written information on what property or money you have and what expenses you have. This must be done so the property between two people can be split up equally. It also gives you financial information in order to make decisions about child support. If financial disclosures are not exchanged or if the financial disclosures are not correct, the divorce can be cancelled and the court can make orders about the property
There are two times when a disclosure occurs: (1) At the time of filing (preliminary disclosure), and (2) at the end of the divorce (final disclosure).
Below is a list of official court forms and other things you may need.
There are a lot of steps to completing a divorce or dissolution of marriage. Luckily, the Judicial Council of California has put together a website showing you each and every step, including links to all the forms you need. We recommend you check them out,
If you are FILING for divorce, please visit http://www.courts.ca.gov/1229.htm for the steps on how and when to file these forms.
If you are RESPONDING to your spouse request for a divorce, please visit http://www.courts.ca.gov/1235.htm .
If you are completing a divorce and responses have been received OR the required waiting time has passed, please visit http://www.courts.ca.gov/1035.htm .
Requesting and responding to child support requests can be complicated, so it is best to talk to a lawyer or Family Law Facilitator to discuss your situation first. Below is a chart on common support situations and the forms you would need. Please visit The Judicial Branch of California Courts at http://www.courts.ca.gov/1199.htm for detailed steps on how to fill out and file the right forms.
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I WANT TO: |
THE FORM I WILL NEED INCLUDE: |
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Respond to a request to pay child support. |
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Ask the judge to change the amount of child support I pay. |
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Ask the judge to review the denial of my driver license because of my child support debt. |
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Pay less child support in the future. |
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Stop having money removed from my paycheck/request a “Stay Earnings Assignment.” |
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Find out how much child support I owe, and request for it to be changed. |
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Incarcerated Parent’s Request to Review Child Support (Child Support) |
Incarcerated Parent’s Request to Review Child Support (DCSS 0018 Form):
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Requesting support can be very complicated so it is best to talk to a lawyer or family law facilitator to discuss your situation firsthand. Below is a chart on common support situations and the forms you would need. Please visit The Judicial Branch of California Courts at http://www.courts.ca.gov/9143.htm for detailed steps on what to do with these forms and how to file them properly.
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Situation
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Forms to Complete
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How do I Ask for Temporary Partner or Spousal Support [2652] |
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What Should I do if I Received a Domestic Violence Restraining Order and a Spousal or Partner Support Order? |
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How can I Ask the Court to Calculate Spousal/Child Support? |
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How do I Change a Spousal Support Order? |
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How do I Write a Spousal Agreement [2653] |
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This EDUCATION CHAPTER explains the different options available for pursuing your education whether you are currently incarcerated, preparing for your release or are formerly incarcerated. It also explains the options of student aid and funding in order to pursue your educational goals.
DISCLAIMER – YOUR RESPONSIBILITY WHEN USING THIS GUIDE: When putting together the Roadmap to Reentry: A California Legal Guide , we did our best to give you useful and accurate information. However, the laws change frequently and are subject to differing interpretations. We do not always have the resources to make changes to this informational material every time the law changes. If you use information from the Roadmap to Reentry legal guide, it is your responsibility to make sure that the law has not changed and applies to your particular situation. If you are incarcerated, most of the materials you need should be available in your institution’s law library. The Roadmap to Reentry guide is not intending to give legal advice, but rather legal information. No attorney-client relationship is created by using any information in this guide. You should always consult your own attorney if you need legal advice specific to your situation.
EDUCATION: TABLE OF CONTENTS
I. INTRODUCTION 828
Questions to start with 828
What are my educational options? 828
What educational options do I have while I’m on probation or parole? 829
What educational options do I have while I’m incarcerated? 831
Practical tips for Applying to School 831
What important documents will I need to continue my education? 832
What are “immunization/vaccination records” and why do I need them? 832
How to locate your immunization/vaccination records 832
What should I do if I can't find my immunization/vaccination records? 832
II. SETTING YOUR EDUCATIONAL GOALS 833
Some questions for you to think about on your personal educational journey 833
What are your short-term and long-term educational goals? 833
What practical considerations do you need to take into account? 833
What type of job do you want? 833
What skills, training, and job experience do you already have? 834
What are your interests? 834
What natural talents do you have? What are you good at? 834
Does the job or career you are interested in have restrictions against people with criminal records? 834
What are the jobs that have legal restrictions for people with criminal records? 834
What is a professional/occupational license and what does it require? 835
What kinds of jobs require a professional/occupational license? 835
What type of skills or education could help you get the job you want? 835
How your criminal record and incarceration may affect your educational goals 836
If I am still incarcerated. what barriers might I face in pursuing my education? 836
If I am under federal, state, or county supervision, what barriers might I face? 837
I am required to register as a sex offender. How this will affect going back to school? 838
If I have completed my sentence, and I’m off supervision, what barriers might I still face? 838
How to choose the educational path that meets your specific educational goals 839
Once everything is considered, how do I start finding the educational program that is right for me? 839
Can I be denied acceptance to an educational program or institution because of my criminal history? 840
Do I need to disclose my juvenile record when applying to different educational programs? 841
III. figuring out YOUR CURRENT EDUCATIONal LEVEL 843
What is an “educational assessment”? Why do I need one? 843
How do I get an educational assessment? 843
Where do I go for a placement test? 843
Learning challenges and special needs 844
What does it mean to have a learning challenge or special need? 844
How do I find out if I have a learning challenge? 844
IV. LEARNING THE EDUCATIONAL LANDSCAPE 846
Adult Basic Education (ABE) 846
What is ABE? How can it help me? 846
How much do ABE classes cost? 846
How do I get into ABE classes? 846
High School Credentials 847
I’m ready for high school-level work. What are my options? 847
General Educational Development (GED) Tests 848
What are GED tests? How can they help me? 848
Am I eligible to take a GED test to earn my California High School Equivalency Certificate (CAHSEC)? 848
How long will it take to earn my CAHSEC? 848
How much will it cost to earn my CAHSEC? 848
How do I prepare for the GED test? 849
I’m ready to take a GED test. how do I sign up? 851
Adult High School Diploma Programs 851
What is an adult high school diploma program? How can it help me? 852
How much time will it take to earn my high school diploma? 852
How much money will it cost to earn my high school diploma through a program? 852
How do I find and enroll in a high school diploma program? 853
Higher education overview 854
What is higher education? 854
Career & Technical Education (CTE) Programs 854
What is Career and Technical Education? 854
How can a CTE program help me? 854
How much money will it cost to earn a CTE certificate? 855
How do I find CTE programs? 856
How do I choose a CTE program? 857
How do I enroll in a CTE program? 857
College & university academic degrees 857
Is going to college the right choice for me? 858
What are the different kinds of academic degrees? 858
Associate Degree Programs 858
What is an associate degree? 858
What are some of the advantages of pursuing an Associate Degree? 859
What types of Associate Degrees are there? 859
How can I decide if an Associate Degree is right for me, and which type I should get? 859
How much will it cost to earn an Associate Degree? 859
How do I find an Associate Degree program? 860
Bachelor’s Degree Programs 860
What is a bachelor’s degree? How can it help me? 860
What types of Bachelor’s degrees are there? 861
How much will it cost to earn a Bachelor’s degree? 861
How do I find a Bachelor’s degree program? 861
Applying to college 864
What will I need to apply for college? 864
How much does it cost to take these tests? 864
How do I sign up for these tests? 864
How do I prepare for the SAT or the ACT? 865
Earning & transferring college credits—good options if you are incarcerated 865
How can I find out if my credits will transfer? 866
How do I transfer my credits? 866
Distance education 866
What is Distance Education? 866
How do the two types of distance education work? 866
Are there benefits to distance education? 867
What credentials can I earn through distance education? 867
How do I find and enroll in a distance education program? 867
How much do distance education programs cost? 868
Correspondence courses 868
What credentials can I earn through correspondence courses? 868
Are correspondence courses right for me? 869
How do I find and enroll in a correspondence program? 869
Graduate academic and professional degree programs 870
Where can I find information about graduate programs? 870
V. Paying for your education 871
How will I pay for my education? 871
What is financial aid? 871
What kinds of financial aid are there? 871
Where does financial aid come from? 871
Federal Student Aid 871
What kinds of federal student aid might be available to me? 871
Will my criminal history affect my ability to get federal student aid? 872
Can I get federal student aid while I’m incarcerated? 873
Am I eligible for federal grants while I’m incarcerated? 873
Am I eligible for federal student loans while I am incarcerated? 873
Am I eligible for Federal Work-Study (FWS) while I am incarcerated? 874
Can I get federal student aid while I am on parole or probation? 874
How do I apply for federal student aid? 875
What information will I need to fill out the FAFSA? 875
When should I apply for federal financial aid? 875
I already have student loans, can my student loans be deferred while I am incarcerated? 875
I was receiving federal financial aid when I was incarcerated, my loans went into default. What can I do? 876
California State Student Aid 876
What kinds of state-based student aid might be available to me? 876
Cal Grants 876
Am I eligible for a Cal Grant? 876
Board of Governor’s Fee Waiver (BOGFW): Free Enrollment for low-income students to california community colleges 877
How do I know if I qualify for BOGFW? 877
Will my criminal history disqualify me from state-based student aid? 877
How do I apply for state-based student aid? 877
School-Based Financial Aid 877
What kinds of school-based aid might be available to me? 877
Will my criminal history disqualify me from school-based aid? 877
Scholarships 877
What kinds of scholarships might be available to me? 877
How do I find and apply for scholarships? 878
Will my criminal history disqualify me from scholarships? 878
VI. Conclusion 878
EDUCATION APPENDIX 879
Getting an education is one of the most important steps you can take in reentry if it feels right to you. Education can open up new opportunities and lead to a better career. This chapter can help you start (or continue) to plan for and reach your educational goals. It covers what programs, schools, and financial aid opportunities are available, and it takes you through the process of deciding what is right for you. The advice here is intended to be practical both for people who are currently incarcerated, as well as for people who were formerly incarcerated and have returned to the community.
A NOTE FOR READERS WHO ARE CURRENTLY INCARCERATED: Throughout this chapter, we will often suggest that you “call” the resource that you need. We understand that it might not be possible for you to make these phone calls yourself while you are incarcerated, however we offer it as general information for you, your family, and your advocates to use for your benefit.
Studies show that formerly incarcerated people who receive general education or vocational training are much less likely to return to prison and much more likely to find employment after their release. In fact, people who participate in correctional education programs while incarcerated have a 43 percent lower chance of returning to prison, and a 13 percent higher chance of finding employment, than people who do not do educational programs while incarcerated. [2654]
Thinking through the following questions will help you set your educational goals and decide which path is best for you.
Your decision about which school or program you enroll in will depend on many factors: your personal and career goals, your finances, your educational background and current skills, and your ability to overcome any barriers that may arise because of your criminal history. Your decision may also depend on day-to-day needs—such as your health, family responsibilities, access to transportation, and parole or probation conditions.
To start, here is an overview of the educational options this Chapter will cover:
HERE ARE SUGGESTED STEPS AS YOU PLAN YOUR EDUCATIONAL PATH:
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1. SET YOUR EDUCATIONAL GOALS What do you want to achieve in pursuing your education? What subjects interest you? What skills do you want to improve? What job(s) do you want? What training or skills are required for the job(s)? |
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2. ASSESS YOUR SKILL LEVEL Take a placement test and/or work with an educational counselor to see if you should start with Adult Basic Education (ABE) or if you are ready for High School or Higher Education. |
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3. KNOW POTENTIAL LIMITATIONS & BARRIERS Do your family obligations, finances, or criminal history present barriers that may limit your educational options? If so, just being aware will help you decide what the best option will be for you. |
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4. CHOOSE AN EDUCATIONAL PATH Based on your needs, choose a program or school that’s right for you: |
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Adult Basic Education
Literacy, ESL,
and/or
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High School Education
GED Preparation
or
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Higher Education |
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CTE Program (Certificate) |
2-Year College (Associate’s Degree) |
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4-Year College (Bachelor’s Degree) |
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Graduate or Professional School |
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It depends. Once you are released, you will have access to free resources available in the community—including the Internet, public libraries, and community service organizations—that can help you do research, apply to schools and programs, and get financial assistance (“financial aid”) to help pay for your education. You may also become eligible (qualify) for more types of financial aid once you are released, which can allow you to consider schools or programs that you otherwise might not be able to afford.
However, the educational options available to you ultimately depend on where you live (urban areas tend to have more options), your life circumstances (such as family responsibilities), and any probation or parole conditions that might affect your access to educational programs and services (such as travel restrictions).
NOTE: Your parole agent or probation officer should be supportive and encourage you to pursue your educational goals as part of your successful reintegration. [2656] If you find that s/he is not supportive, or that your conditions make it difficult or impossible for you to get an education, call Root & Rebound’s reentry hotline by calling 510-279-4662, any Friday, 9 a.m. – 5 p.m. PST for strategies, information, and support.
Public Libraries The local public library is an important gateway to other services and resources in your community. In addition to offering free access to computers and the Internet, libraries often have adult education classes, community calendars (support group meetings, free clinics, etc.), and some government forms that you might need. Librarians are also available to help you find whatever information you need. To find the public library closest to you:
America’s Job Centers of California (formerly called EDD One-Stop Centers) America’s Job Centers of California offer many resources, all in one place, for people seeking a job or more education. Most services are free, but there may be a fee for some specialized education and training programs. Some of the services provided by America’s Job Centers include:
You can find an America’s Job Center of California in your area by:
Community Organizations Community organizations provide many kinds of services. Most are free, but some may charge a fee. These organizations can help with employment, education, health care, counseling, housing, substance abuse treatment, transportation, and childcare. They also can provide referrals to other agencies. There are different ways you can find community organizations:
TIP: Make a list ready of the resources that you want to research before you go to the library. This will save you a lot of time and help you better organize your search. This is especially important if you are under time limitations because of curfews or restrictions imposed by your parole agent or probation officer.
You have options, but unfortunately your options and the quality of the programs will depend on where you’re incarcerated. The programs and resources available to you will be different based on whether you’re incarcerated in a federal prison, state prison, or county jail. In addition, the availability of programs and resources will be different across different facilities. [2658]
In general, the following programs will be available to you:
Read more about the different programs that might be available while you are incarcerated in the section on Learning the Educational Landscape, starting on PG. 846. Even if you don’t have access to programs or classes that are right for you while you’re incarcerated, there are programs you can complete on your own through correspondence courses or self-study, and other practical steps you can tak!
The process of pursuing your education—not to mention the larger process of transitioning back into your community—can be rewarding, but also challenging and stressful at times. You’ll be dealing with a lot of forms, applications, and procedures, which can feel overwhelming. Here are some tips for staying on track:
In general, these are the documents you’ll need to have ready as you apply for schools, programs, and financial aid. You may not need all of these, and/or may need others that are not on this list. Check the requirements listed on the school, program, or aid application to be absolutely sure. (NOTE: You can start the process of getting some of these documents while you are still incarcerated):
Your immunization record (also called your vaccination record) is a list of all the vaccines (medicines) you received as a child and as an adult that prevent common diseases like polio, chicken pox and tuberculosis. It is required to register for school, for certain jobs, and/or to travel abroad.
Unfortunately, there is no national database of immunization/vaccination records. The only records that exist are the documents you or your parents were given when you were vaccinated, and the medical records kept by the doctor or clinic where you were vaccinated. [2668] If you need official copies of your immunization/vaccination records, there are several places you can look: [2669]
NOTE: California does have a registry, but it is relatively new (within the last 10 years only), and it is not used by all doctors’ offices. For more information, visit: The California Department of Health at: http://www.cdph.ca.gov/programs/immunize/PG.s/FindingOldImmunizationRecords.aspx ; or The California Immunization Registry at: http://www.ca-siis.org/ .
If you can’t find your immunization/vaccination records, you may need to get vaccinated again. While this is not ideal, it is safe to repeat vaccines. Your doctor may also be able to do blood tests to see if you are already immune to certain diseases, so you do not have to repeat those vaccinations. [2670]
Setting your educational goals involves asking yourself some important questions about your future. What purpose do you want your education to serve? Is it a way to achieve a specific goal – for example, a way to get a better job? Is it an opportunity for personal growth? Or both?
Going through some of the questions below may make it easier to make a decision and help you get a clear idea of the goals you want to reach. Often there are several answers to a question, so making lists can help you organize your thoughts and priorities.
Ask: What are your immediate educational needs? Your immediate needs may affect which avenue of education you choose to take:
Ask: Where would you like to see yourself in the future? The length of time you have to pursue your education may also affect which educational program you may want to enroll in . . . are you looking to pursue an educational path that will take 1-2, 4-5, or 5+ years?
Outside factors and life circumstances can have a huge impact on your educational goals. As an adult student, you may have work and family obligations to juggle. If you’re incarcerated or on parole/probation, you may have to work around special restrictions in order to pursue your education.
In light of all this, you’ll want to pick an education program that you can balance with your other responsibilities, and that fits your current situation and future goals. For example, you may ask yourself:
The type of job you may want will also influence the type of educational program you want to participate in.
Your job experience or training may influence any decisions regarding your education.
EXAMPLE – Heading is Proxima Nova Light, ALL CAPS, size 11
CAPITALIZED
Font is in Proxima Nova size 8.5
WHAT DO I BRING?
Blahblah. blahblah
Blahblah. IMPORTANT: blahblah
Blah Blah blahblah
Blah Blah blahblah
EXAMPLE – Heading is Proxima Nova Light, ALL CAPS, size 11
CAPITALIZED
Font is in Proxima Nova size 8.5
WHAT DO I BRING?
Blahblah. blahblah
Blahblah. IMPORTANT: blahblah
Blah Blah blahblah
Blah Blah blahblah
Your interests may influence what type of job and/or education you wish to pursue.
Once you have a list of potential jobs and careers that you are interested in, you will need to start narrowing it down. You should start by considering your lifestyle and identifying any factors or circumstances that might conflict with a job you are interested in. For example, criminal convictions, family responsibilities, and travel or mobility restrictions can affect whether a particular job or career is a good fit for you.
Some jobs or career fields are prohibited or have limited opportunities for people with certain criminal convictions—called legal job restrictions. Additionally, many jobs in California require you to get a professional/ occupational license in order to work in this job, and many licensing boards have restrictions about issuing licenses to people with certain convictions (see next question for more information). So even though this information can be difficult and frustrating to learn, it will help you to design the best path for yourself—one that you are passionate about but that is also realistic. Given the laws and barriers in place regarding certain professions and license, this information may be useful to consider when making decisions regarding your educational path. For more information about legal and professional/occupational licensing restrictions, see the EMPLOYMENT CHAPTER, PG. 596.
Although this list is incomplete, below are some examples of jobs that have legal restrictions for people with certain criminal convictions. In general, these are jobs where employees have access to private or sensitive information (like financial records), vulnerable people (like children or the elderly), or high-security places (such as airports) where there is a greater risk of harm to the public.
In California, people who work in certain jobs are required to get a license from the state to do so. There are over 200 professions in California that require a professional/occupational license—ranging from barbers and cosmetologists, to security guards, to nurses and nursing assistants, to teachers, doctors, and lawyers. These professional/occupational licenses are issued and regulated by over 40 different licensing boards under the control of the California Department of Consumer Affairs (DCA). [2681]
Applying for a professional/occupational license generally requires submitting your fingerprints, paying various application fees, and proving that you meet certain educational and/or work experience requirements, which are set by the particular licensing board that you’re applying to. [2682]
There are over 200 jobs in California that require a professional/occupational license. Here is a list of a few of the most common jobs that require a license:
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To find out whether the specific job you want requires a professional/occupational license, contact the Department of Consumer Affairs at (800) 952-5210. You can also ask the DCA for information to contact the specific licensing board that oversees that type of work. To learn more about specific licensing requirements for the job you want, you will need to contact the specific licensing board that oversees that type of work.
To learn more about legal restrictions and professional/occupational licensing restrictions for people with criminal records, and ways you may be able to get a license, see the EMPLOYMENT CHAPTER, PG. 595.
Next, you should research the specific requirements of the jobs on your list. Find out what training, experience, or other credentials you’ll need. (These requirements can change over time, so make sure you get current information.) Here are some resources to help your research:
Know what the job market is like in your desired field, in the region where you live, and for workers with different skill levels and education levels.
Thankfully, the Federal Bureau of Prisons (BOP), the California Department of Corrections and Rehabilitation (CDCR), and the California Department of Education (California DOE) have all recognized that providing educational opportunities to people who are incarcerated is critical to rehabilitation and reducing recidivism. [2692] However, the systems are far from perfect, and it is important for you to be aware of the obstacles you may face when you are pursuing an education while incarcerated. Be patient! There is almost always a way to make it work if you are dedicated to reaching your educational goals.
Next, we go through common issues you may face when pursuing your education while incarcerated, followed by suggestions to help you achieve your goals in spite of these challenges.
The programs I need are just not available.
The quality and availability of programs for different educational needs varies greatly from facility to facility. Additionally, even if your facility offers the program you want, there are often long waitlists to get enrolled.
Suggestion : Try supplementing your coursework with a correspondence course or related self-study. If you are waiting to get into a class, find out what the students are learning about—maybe you can get a head start!
The prison mail system is getting in the way.
If you decide to take a correspondence course, or if you want to create your own self-study program, you may find that the prison mail system is frustrating your efforts. Materials and assignments may be slow in getting to you, and some items may not get to you at all because they are not allowed by your facility. All of this could mean significant delays in your studies or prevent you from completing them at all.
Suggestion: Be patient. There is no time limit on most correspondence courses—you can take as long as you need to complete the coursework. The goal is to learn the materials and pass the class, no matter how long it takes. Slow progress is still progress! If you find that your facility is overly restrictive in what materials it will allow in, try writing to the correspondence course administrator to explain your situation. See if he or she can put the materials into a format that your facility will be less likely to object to. (For a list of schools with a history of successfully offering correspondence courses to incarcerated people, see Appendix D, PG. 888.)
I can’t afford the cost of programs and/or materials.
For any program or course that is not offered by the facility directly, you will be responsible for the cost of any necessary books, materials, or course fees. If you cannot afford these expenses, you may be prevented from participating in the program or taking the course.
Suggestion: Try to find someone else at your facility who is taking or has taken the course. See if that person is willing to share materials with you or donate them to you when he or she is done. Look into financial aid options to help with your costs. Some forms of financial aid are available while you are incarcerated, and there are even special scholarships to help incarcerated people afford textbooks and materials. (See Paying for Your Education , PG. 871 for more information about these programs.)
I have limited access to technologies.
Distance Education courses commonly require that you have access to certain technologies (audio/video equipment, computers, the Internet) in order to participate in the program (except for traditional mail-only correspondence courses). If you don’t have a way to use the media that contains the course content, you won’t be able to take the course.
Suggestion: Shop around for a course that doesn’t require the use of equipment that you don’t have. Try signing up for a program or activity in your facility that will give you access to the technology you need and will allow you to use it in your spare time (make sure you are authorized to do so!).
I am not eligible for financial aid.
Certain types of financial aid are not available to you while you are incarcerated, and other types are not available if you have certain types of convictions.
Suggestion: Apply for the types of financial aid that are available to you while you are incarcerated. Plus, while you are incarcerated, you can apply for financial aid that you will become eligible for once you are released, so the money will be ready for you when you get out. (For more information about financial aid, see Paying for your Education , PG. 871.)
While you are under supervision, your parole or probation officer should fully support your efforts to pursue your education. [2693] However, sometimes even the normal conditions of supervision can get in the way, and make it difficult for you to reach your educational goals. Fortunately, there are ways to work around your restrictions and steps you can take to stay on track even while they are in place.
IMPORTANT: If you find that your parole or probation officer is not supportive of your efforts to get an education, or that the conditions of your supervision are so restrictive that they make it impossible for you to pursue your education, this might be a violation of your rights. You should contact an attorney who can advise you and look into getting your restrictive conditions lifted. (For more information, see the PAROLE & PROBATION CHAPTER, beginning on PG. 125.)
Here are some of the common barriers that you might face when trying to pursue your education while you are under supervision, followed by suggestions that can help you achieve your goals in spite of the challenges:
I can’t get to school because I have travel limitations.
While you are on supervision you may have restrictions on how far you can travel, or you may not have reliable transportation, or you may have to rely on public transportation. All of these factors may limit where you can go to school.
Suggestion: Look into local schools and programs that are easily accessible for you and do not involve a long commute. You can also explore Distance Education and correspondence course options. You may even be able to use the computers at your local public library to take these courses. (For information on Distance Education see PG. 866 or for correspondence courses, see PG. 868. For information on resources at your local public library, see PG. 830.)
I can’t go to the school I want because I can’t move out of the area.
Similar to travel restrictions, while you are under supervision, you probably will not be allowed to move outside of the county or the state. If the school you want to go to is in another county or state, you may not be able to attend it.
Suggestion: Again, local schools and programs are your best bet. If you are located in a rural area where your options are severely limited, get started earning credits through Distance Education and correspondence courses. Once you’ve completed your term of supervision, you can transfer to the school you want to attend and bring your earned credits with you. (For information on Distance Education see PG. 866 or for correspondence courses, see PG. 868. For information on transferring credits, see PG. 865.)
I can’t fit school into my schedule because of restrictions on my time (“passes,” curfews, work requirements).
While you are under supervision, you may be restricted in the amount of time you can spend attending classes, or by the hours of the day that you are allowed to be away from home to attend. You may have a curfew imposed on you or you may be required to get a “pass” that is only good for a short period of time in order to leave your residence. You may also be required to work a certain number of hours a day, which leaves little time for school.
Suggestion: If you only have a limited amount of time to attend school each day, consider starting part time instead of full time. Take a class or two, and then build your schedule up when you are able. Also, Distance Education programs and correspondence courses are more flexible and can generally be worked around any schedule.
If you are required to register as a sex offender, you should still be able to attend the school or program of your choice, but will face some extra requirements,.In addition to fulfilling your section 290 registration requirements, you must also register with the campus police department at your school within five days of enrolling in classes. [2694] If there is no police department at your school, you must register with the police department for the city in which the school is located, or if there is no city police department, the county sheriff. [2695] Depending on your underlying conviction, you may need to comply with sex-offender residency restrictions, which could prevent you from living on or near campus (learn more about residency restrictions in the PAROLE & PROBATION CHAPTER on PG 165). Similarly, your conditions of parole, probation or supervision may affect your ability to attend classes. If this is the case, ask your attorney or parole or probation officer for help adding an exception for attending classes. Until an exception is made, you should comply with your conditions first.
Learn more about requirements for people required to register for sex offenses under California Penal Code section 290 (both if you are on parole or are not on parole) in the PAROLE & PROBATION CHAPTER on PG. 159 .
Once you have completed your sentence, including any term of supervision, most of the barriers that we have discussed so far will no longer exist for you. Unfortunately, your criminal record may still inhibit or interfere with your educational plans. See PG. 840.
Whatever education level you are currently at and whatever your future education plans are, the general steps you should follow when deciding on a program are the same. Use these steps to help guide you through your decision-making process. Along the way, you can talk to people around you who can help. Your Correctional Counselor, the staff in the Education Department, a school or career center counselor, and family and friends can provide advice and support throughout this process.
Obviously, you want to find a program that meets the interests that you identified in the very beginning of this chapter (see “Setting Your Educational Goals,” PG. 833), but in order to find a program that truly fits your needs, must consider the practical factors that will impact your educational experience. You should think through the following questions to help you guide your decision:
Larger schools tend to have more diverse student populations, and a greater variety of extra-curricular activities and clubs. However, you may feel distracted and overwhelmed in this environment, and class size is larger which means less individual attention from the teacher.
Evaluate the quality of each school or program by following these steps: [2696]
To learn more about accreditation and find out if the school or program you are interested in is accredited, check the following resources:
NOTE: All adult schools in CDCR facilities are fully accredited by the Western Association of Schools and Colleges (WASC), and many CTE programs offer industry-standard certification. [2704]
Sadly, yes . Over the last decade, more and more colleges and universities across the country have begun to look into applicants’ criminal histories as part of the admissions process. [2705] In a recent study, two-thirds of the responding institutions reported collecting criminal history information on prospective students. [2706] Most commonly, institutions ask applicants to self-report their criminal history (answer “yes” and then explain). Some schools do conduct full criminal background checks on prospective students and then use the information to deny admission to people with criminal records, or give them conditional admission with added requirements and restrictions—kind of like “admission on probation.” [2707]
Unfortunately, there is nothing illegal about what they’re doing, and no real legal way to stop them from doing it. The best defense, however, is a good offense—in other words, be proactive! Take steps to clean up your criminal record, participate in rehabilitation programs, and be prepared with answers to questions about your criminal history. (See the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, beginning on PG. 915 for information and details on how to “clean up” your record.)
The Good News…
Many colleges and universities will let you appeal a denial based on your criminal record, and will work with you to help you get in. Reach out to the Admissions Office staff and to school advisors to show them that you are serious and dedicated to your future. Take advantage of any opportunity to show that your criminal history is just that—history. You can use your personal essay (part of your application), in–person interview, letters of recommendation, and any other supporting documents to show the admissions committee that you are more than just your record. [2708]
Here are some other facts to keep in mind that work in your favor:
Maybe. Technically, a juvenile “adjudication” is not a criminal conviction. If your case was heard in a juvenile court, and you received a juvenile adjudication, then you were not “convicted” of a crime. So, if the application asks if you were “convicted of a crime” or if you have any “criminal convictions,” and you only have a juvenile adjudication, you can truthfully answer “no.” You do not have to disclose your juvenile adjudication. [2714] However, some applications ask if you have ever been “arrested” or “adjudicated guilty,” [2715] in which case, your juvenile arrest and adjudication count, and need to be reported. Remember , if you were tried as an adult, even if you were under 18, and you pleaded or were found guilty, then you do have a criminal conviction.
IMPORTANT: Even if you are not directly asked to disclose your juvenile record on an application, you may want to anyway. There is always a chance that the admissions committee will find out about a juvenile arrest or adjudication somehow, and think you were being dishonest in not reporting it. [2716] HOWEVER, when you get your juvenile record sealed in California, it’s as if it never existed . [2717] So, if you got your juvenile record sealed, you do not need to disclose anything in it. (For information on sealing your juvenile record, see the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, PG. 974.)
If you’re not sure how far you got in school, or it’s been so long that you’re not sure what your current education level is, your first step is to get an “educational assessment.” An educational assessment is simply a way to find out what your current ability level is in English, reading, writing and math.
TABE:
Test of Adult Basic EducationCASAS: Comprehensive Adult Student Assessment Systems
It is important to get an educational assessment before you start any educational program so that you don’t waste time re-learning things you already know or taking classes for which you are not prepared.
The easiest way to assess your education level is to take an assessment test (also called a placement test). There are two assessment tests that are often used for adults who wish to continue their education: the TABE and the CASAS. [2718]
Don’t worry, these are not the kind of tests you need to study for! These tests measure what academic skills you’re already good at and which ones you need to work on. They help you determine what classes will be the right fit for your current education level.
If you’re currently incarcerated:
NOTE : When you first got to county jail while your case was pending, you likely were given a comprehensive evaluation, which included an assessment of your physical and mental health, your drug history, and your education history. [2723] Based on your answers to questions about your education history, facility staff decided whether or not to do a full educational assessment on you. If you reported that you already have a high school diploma or GED, the staff may have decided not to give you a full educational assessment because you already meet the minimum education-level requirement. [2724] Information from your county jail assessment will be sent to any facility that you are transferred to in the future.
IMPORTANT: If you are about to be released, talk to your counselor to make sure that you get all of your educational assessment information and any other paperwork relating to any educational courses you completed while you were incarcerated.
If you’re formerly incarcerated:
Each of us learns in our own way and at our own speed. However, for many people, their brains have particular trouble receiving, storing, processing, retrieving, or communicating information. [2726] The brain’s trouble with these things is called a learning challenge (often called a “learning disability”). Unfortunately, many people have struggled in school their whole lives, but do not realize that their difficulties stem from learning challenges that can be overcome. Many people with learning challenges are able to prosper in school if they get the proper guidance, support, and instruction. The most common learning challenges are:
There are many other types of learning challenges, including those related to writing, processing visual or sound information, memory, organization, and attention to detail. If certain subjects—or school in general—always seemed difficult for you, you may suffer from a learning challenge that was not discovered. For more information about learning challenges, visit the Learning Disabilities Association of America at http://ldaamerica.org/adult-learning-disability-assessment-process/ , or the National Association for Adults with Learning Disabilities at http://naasln.org/ .
If you think you may have a learning challenge, the first step is to get a professional assessment. A qualified professional can determine the source of your difficulty, and work with you to figure out what special learning tools may help you overcome it. Additionally, if you are diagnosed with a learning disability, schools and programs are required by law to give you special treatment to allow for your special learning needs. This is called giving you an “accommodation.”
Accommodations can include:
If you are currently incarcerated:
If you are formerly incarcerated:
To find a qualified professional in your area who can assess you for a learning disability, check the following resources: [2731]
The results of your educational assessment will tell you what educational level you are currently at. Based on that information, you must choose what the right next step is for you. Depending on what your education level is, the next step may be clear, or you may have to decide between several different possible paths. Here are the different types of educational programs you may encounter.
If you never went to high school or took any high school-level classes, you will need to start with Adult Basic Education (ABE) classes.
If you’re currently incarcerated:
In a federal prison, [2734] a California state prison, [2735] or a California county jail, [2736] ABE classes (including necessary books and study materials) are offered at no cost to you.
If you’re formerly incarcerated:
Free or low-cost ABE classes may be available in adult schools or community colleges near you. Many schools provide ABE classes for free, and provide books and materials for free too. Others may charge registration and tuition fees (up to $25-50 per semester or per class) and/or require you to buy your own books and materials. Some schools that charge fees may also offer financial aid to low-income students. You will need to check with the individual school or program about fees and financial aid. [2737]
If you’re currently incarcerated:
If you’re formerly incarcerated:
A GED is a high school proficiency test, which may allow you to earn a high school equivalency certificate in a more expedited manner or at your own pace. The test requires you to pass 4 parts in different subjects matters at your own pace. However, An adult high school diploma requires more coursework prior to obtaining your diploma. An Adult High School Diploma requires certain coursework to be completed at your own pace. After all the coursework is completed, you will be required to pass an exit exam called California High School Exit Examination. It is important to note that if you have already completed many high school courses required for a diploma program and have only a few left to take, a high school diploma program may be a faster route than a GED.
If you are ready for (or already taking) high school-level classes, your next step is to earn your high school degree. As an adult student, your high school degree can be a stepping-stone to a “higher education” degree (see PG. 854) or a better job, or simply an important personal achievement. This chapter will explain how you can earn your high school degree.
There are two ways you can earn your high school degree:
The California High School Proficiency Examination is another high school proficiency test that is similar to the GED because it allows people to earn a high school proficiency certificate. However, the CHSPE is intended for minors (people under 18 years old) who are still in high school but wish to finish early in order to go to college or enter the workforce.
A General Educational Development (GED) test is a high school proficiency test for adults who never completed high school and want to earn a high school equivalency (GED) certificate. [2749]
These tests are administered nationally, but three have been specifically approved by the California Department of Education:
If you pass a GED test in California, you’ll receive a California High School Equivalency Certificate (CAHSEC) (this is the official name for a GED in California). [2751] This certificate is your official proof that you have high school level academic skills. Once you have this certificate, you can apply to colleges and jobs that require a high school credential. [2752] You will need to take and pass the test for several different subject matters (sometimes called “modules”) in order to get your CAHSEC.
In order to take a GED test to get your California High School Equivalency Certificate, you must:
It depends . Specifically, it will depend on your current skills, pace of study, and individual circumstances. You may choose to study on your own, at your own pace; or you may take one or more GED test preparation classes, which may be designed to get you ready by a specific date.
Compared to a high school diploma program, which may require a longer list of classes, the GED can be a “fast track” to a high school credential (for more information on high school diploma programs, see PG. 851). However, this may or may not be the best fit for you, depending on your needs and learning preferences. [2754]
If you’re currently incarcerated
in a federal prison, [2755] a California state prison, [2756] or a California county jail, [2757] you should be able to register for a GED test, take GED preparation classes, and get your CAHSEC at no cost to you.
NOTE: While GED programs and testing are generally offered at no cost, if you have a high balance in your trust account, your facility may decide to deduct some or all of the costs for certain programs or testing from your account. [2758]
If you’re formerly incarcerated:
NOTE: Many adult schools and community colleges provide GED classes for free, and provide study materials for free as well. Others may charge registration and tuition fees (up to $25-50 per semester or class). Some schools that charge fees offer financial aid to low-income students. Check with each school about fees and financial aid. [2761]
FIRST: Learn as much as you can about the GED test. You should know: What subjects and skills does the test cover? How long does the test take? What do the questions look like? You can get information by contacting the GED Testing Service (see PG. 850 for contact information), by asking teachers or tutors in a GED program, and by looking at GED practice tests and study materials (see below for tips on finding GED programs and study materials). Here is some general information to start with:
SECOND: Learn as much as possible about your readiness for the test. You should know:
THIRD: Make use of teaching, tutoring, and study materials that are available to you. Below is general information about potential resources that you may be able to use:
If you’re currently incarcerated:
IMPORTANT: If you are in county jail awaiting transfer to a federal or state facility, you will NOT be allowed to take anything with you, including any books or other materials related to your educational programming, when you are transferred. You will need to gather all of your materials ahead of time and mail them to someone on the outside before you are transferred. That person can then mail your materials back to you at your new facility. [2769]
NOTE: Even though most facilities in California at the federal, state, and county level offer GED classes, often there are long waiting lists to get in, or they are offered in “cycles” (which means that if you miss the beginning of the cycle, you cannot enroll until the next one). If you cannot enroll in a GED class for any reason, you should try to begin studying on your own. Check your facility’s library for GED “prep” books and materials. These resources will walk you through lesson plans, and usually contain sample questions and practice tests. [2770] They can also be ordered through most book distributors. Check with your facility for a list of book distributors that are approved to send materials to inmates. There are also a number of community adult literacy programs and other service organizations that will send books and materials to incarcerated people for free. You can contact these organizations to request the study materials you need. For a list of organizations that provide books and materials to incarcerated people, visit Urbana Campaign to Prisoners at http://www.books2prisoners.org/partnerships.php or see Appendix B, PG. 881.
If you are preparing for a GED test while incarcerated and find out that you will be released before you finish your class or program, ask your GED teacher for a “progress report.” This report will show exactly where you are in the process, so that you can pick up your studies in the same place after your release. [2771]
If you’re formerly incarcerated:
If you’re currently incarcerated:
Compared to a GED program, which may focus on preparing you to answer test questions quickly, a high school diploma program requires you to complete many classes that are part of a high school education. Required course subjects include: English (reading, writing, literature); math (algebra, geometry); natural science (biology, ecology, physics); social science (history, civics, economics); humanities (art, religion); and electives (health, media literacy).
If you’re formerly incarcerated:
This section will help you decide whether an adult high school diploma program is a good option for you. You’ll also learn how to locate and sign up for an adult high school diploma program that meets your needs.
These diploma programs are for adults who didn’t finish high school, and who want to complete the courses normally required for high school graduation (instead of taking a GED or high school equivalency test). [2785] High school diploma programs are offered in most jails and prisons, and in adult schools and community colleges throughout California. [2786]
In most adult high school diploma programs, you can choose to enroll in traditional classes, or to complete courses at your own pace through individual study and regular check-ins with teachers. [2787] In addition, some programs also allow you to complete correspondence courses through mail or email with teachers (for details on distance learning, see PG. 866; for correspondence programs, see PG. 868). After completing all of the required courses, you will have to pass an “exit” exam, called the California High School Exit Examination (CAHSEE) to receive your high school diploma. [2788] All students in California public schools must pass the CAHSEE before they are awarded a high school diploma. This includes people who earn their diploma while incarcerated.
It depends. Specifically, it will depend on your current skills, pace of study, life circumstances, and learning preferences. Depending on the program you enroll in, you might work toward your diploma individually, at your own pace; or you might work with a teacher who creates assignment deadlines and a long-term schedule for you. [2789]
If you’ve already completed many of the courses required for a diploma program and have only a few left to take, an adult high school diploma program is likely a faster route for you than the GED.If you haven’t completed many high school courses, the GED will probably be a faster path to your high school equivalency certificate. But consider , if you have not taken many high school courses yet, and you have some time to spend on your high school education, you might prefer a diploma program because it can be an opportunity to explore new subjects and skills that you won’t learn in a GED program. [2790] WARNING: Watch out for scam programs, which will try to charge you money for a fake diploma. See PG. 853 for details.
If you’re currently incarcerated:
NOTE: While high school diploma programs are generally offered at no cost, if you have a high balance in your trust account, your facility may decide to deduct some or all of the cost for some programs from your account. [2794]
If you’re formerly incarcerated:
Adult high school diploma programs may be available in adult schools or community colleges near you for free or at low cost. Many schools provide adult high school classes for free, and provide books and materials for free as well. Others may charge registration and tuition fees. (However, schools that charge fees may also offer financial aid to low-income students. Check with each school about fees and financial aid.) [2795] Also, community adult literacy programs may offer high school diploma courses and tutoring for free. (For a list of organizations that may offer this service, see Appendix A, PG. 880.)
If you choose a distance learning or correspondence program , regardless of whether you’re incarcerated or in the community, you may need to pay program fees and buy your own materials (for details about distance learning programs in general, see PG. 866).
WARNING: Be careful when choosing a high school diploma program. In recent years, the federal government has shut down several degree programs that were charging money for fake diplomas. [2796] These programs are scams. To avoid being scammed by a fake diploma program, watch out for the following clues [2797] :
If you’re currently incarcerated:
NOTE: If you are in a California state facility you may be able to get extra tutoring support through the Voluntary Education Program (VEP). Ask your Correctional Counselor or Education Department staff if you have questions about the diploma program or VEP. Remember, to enroll in any education program, you must have a TABE score on file (see PG. 843).
If you’re formerly incarcerated:
Once you’ve earned your high school credential, what’s next? It’s time to revisit your long-term educational and career goals. Do you need a certain skill-set or type of training for your desired career field? Do you have to earn a specific degree to practice in your chosen profession? If so, “higher education” might be right for you.
“Higher education” refers to additional schooling that you take beyond the high school-level, that leads to a professional certification or academic degree, such as a Career and Technical Education (CTE) certificate, associate degree, bachelor’s degree, or graduate or professional degree. If you plan on continuing your education beyond the high school-level, you will need to determine which higher education path fits your needs and goals.
CTE programs commonly cover fields such as: agriculture and natural resources, arts and media, building and construction, education and child/family services, energy and utilities, fashion and design, finance and business, health science and medical technology, hospitality and tourism, information technology, manufacturing and product development, marketing and sales, public services, or transportation services.
If you want a skills-based job in a particular career field, you may want to enroll in a CTE program where you focus on learning to do a specific type of work in that field. CTE programs are also called “certificate” or “vocational training” programs. [2804] This chapter will help you think about whether a CTE program is a good choice for you; and, if so, what type of CTE program might be right for you.
Most CTE programs lead to a certificate , but some lead to a college degree . This section focuses on CTE programs that lead to a certificate . If you’re interested in enrolling in a CTE program that leads to a college degree , you will find more helpful information in the following section on college degrees (PG. 857).
In California, CTE programs are offered at community colleges, technical colleges, trade schools, vocational schools, at some 4-year colleges—and in many CDCR facilities and county jails. A CTE certification program can be a good path for you if the occupation you want requires a certificate, or if you want to gain practical skills and get into the workforce more quickly. Most CTE certificate programs are designed to get you certified, licensed, and hired in your chosen field directly and efficiently. A certificate can also be a stepping-stone toward a college degree, as some colleges accept certificate program credits and count them as progress toward a college degree. [2805]
IMPORTANT: A certificate is NOT a degree. It’s an award that shows you completed an educational or training program after high school. A certificate is also NOT an occupational license or certification, which you may need to do your job, depending on what your field is and where you live.
The cost of earning a certificate through a CTE program may not be worth it in certain fields where jobs are low-wage, unstable, and difficult to get. Also, if employers in your desired field don’t always require a certificate, you might consider going straight into the workforce. If employers in your field like to see qualifications other than a certificate, such as hands-on experience or some kind of degree, you might want to pursue those qualifications instead. [2806] For more information on researching the job market in your career field, see EMPLOYMENT CHAPTER, beginning on PG. 823.
NOTE : Usually, community or technical colleges require that you have a high school credential before you begin a CTE program. However, even if you don’t have one, you still may be able to enroll. Most community and technical colleges will have classes and support to help you earn your high school credential as well as your CTE certificate. If the CTE program you are interested in is offered at a four-year college or university, you will need to have a high school credential to apply.
Many certificate programs can take less than a year to complete, and most are designed to take less than 2 years. However, your total time in a program will depend on the specific program and school you choose and whether you enroll part-time or full time.
A certificate is not the same as an occupational license or a professional certification. A certificate shows that you have completed a course of study and training in a particular field. Certificates are awarded by CTE programs and many certificate programs can take less than a year to complete, and most are designed to take less than 2 years. [2807] However, your total time in a program will depend on the specific program and school you choose, and whether you enroll part-time or full time in school. After earning a certificate, you may also need to get a license from the state or a certification from the professional organization that regulates your job field. A license shows that you have the government’s permission to practice your occupation. State and local boards and agencies issue licenses. A certification means that you have demonstrated that you’re skilled enough to practice your occupation, usually by passing evaluations and/or documenting a certain amount of work experience. Professional or industry organizations issue certifications. [2808]
If you’re currently incarcerated:
In a federal prison, [2809] California state prison, [2810] or California county jail, [2811] any CTE programs available should be provided at no cost to you (including necessary materials and credentialing fees).
NOTE: While CTE programs are generally offered at no cost, if you have a high balance in your trust account, your facility may decide to deduct some or all of the cost of the program from your account. [2812]
If you’re formerly incarcerated:
Your costs will vary based on your school, program, and course load. If you’re a resident of the state where you enroll, the cheapest options will likely be programs offered at community colleges or technical colleges, which are public schools. Average tuition and fees per year are about $4,000 for in-state students at public 2-year colleges, compared to about $15,000 at private 2-year colleges. [2813] (See PG. 839 for tips on avoiding private schools that may be scams.)
NOTE: Some schools and programs offer financial aid for low-income students. Check with each school and program about overall costs, fee waivers, and financial aid. [2814] For more information on fee waivers and financial aid, see Paying for Your Education, starting on PG. 871.
If you’re currently incarcerated…
In a federal prison: Every federal prison offers a different range of Occupational Education (OE) programs, which may include certificate programs as well as programs leading to associate’s degrees. [2815] Soon after you enter prison, your Unit Team and Education Staff should give you an assessment and recommend programs for you. If you have no stable work history or training record, you may be assigned to an OE program. [2816] If you haven’t been assigned to an OE program and would like to be, ask your Unit Team to place you in one. Your Unit Team will decide what OE course(s) may be right for you. [2817]
Notes on eligibility & timing: Certain OE programs may be open to you only if you have a high school credential or are working toward one. [2818] Also, if you need job training but spaces are limited, you might not be placed in an OE program until the last several months of your sentence, to ensure that your training is current when you’re released. [2819]
In a California state prison: Every CDCR facility provides a different range of CTE programs, all accredited by a nationally recognized agency. (For information on accreditation, see PG. 839.) Since these CTE programs are properly accredited, you should be able to transfer credits from these programs to a college degree program. (For information on transferring credits, see PG. 865.) There are no eligibility or testing requirements for CTE programs in CDCR facilities, but you will be limited by what programs your facility has available. [2820] Ask your Correctional Counselor about what CTE programs are offered and how you can sign up.
NOTE ON THE TRANSITIONS PROGRAM: Some CDCR facilities offer the Transitions Program, which is a 4-5 week program that provides job readiness and money management skills, information about community programs, and connections to social services in the county where you’ll be living. If your facility has this program and you’re eligible, you may be assigned to participate at some point during the last 6 months before your release. [2821]
In a California county jail: Because programs vary greatly across county facilities, you will need to check with your facility’s education department to see if CTE programs are available.
If you’re formerly incarcerated
CTE programs are offered at community and technical colleges as well as four-year colleges. To find CTE programs in your area:
If you want to make an informed decision, it’s important to research the qualifications required for the jobs you want, the quality of the schools you’re considering, and the current state of the job market. [2822] (For tips on researching the qualifications you need for the specific job(s) you want, see Setting Your Goals, PG. 833.) When you know what skills and training you need, you can begin evaluating individual CTE programs to find the one that is right for you. If you have decided that a CTE program is the best path for you, see Choosing Your Education Path, PG. 839, for tips on evaluating and choosing a program.
Generally, to enroll in a CTE program at a community or technical college, you just need to fill out the paperwork and register for classes. Most programs have “open admissions,” meaning that if you meet the educational requirements, you will be admitted automatically, if space is available. For programs that are very popular, you may have to submit an application and be accepted to the program before you can enroll (admission is not automatic). To learn more about program requirements and enrollment policies, you can call the admissions office of the school you are interested in. This information is also usually available on the school’s website.
Four-year colleges generally require you to submit an application for admission and be accepted to the school before you can enroll and register for classes. Applications often are available online (and can be submitted online), or you can call the school’s admissions office and ask them to send you an application by regular mail or email. There is usually a nonrefundable fee for applying, but you may be able to get the fee waived.
Other Options for Career and Technical Training:
If you have the desire, time, and financial resources to explore a wider range of academic subjects and skills, you may want to pursue a college degree. In college you can study a diverse range of topics, instead of focusing only on the skills you need for one type of job; and you can develop a broad foundation of writing and critical thinking skills to sharpen your mind and prepare you for a wide variety of careers. [2825] A college degree also may help you qualify for more secure, higher-status, and better-paying jobs. [2826]
If you’re currently incarcerated:
You likely do not have access to in-person college programs, but you may be able to pursue a college degree through Distance Education. (See PG. 866 for information on Distance Education programs.)
If you’re formerly incarcerated:
You can pursue a college degree at a community or junior college, a technical school, or 4-year college or university. While college can be expensive, [2827] there are ways to reduce and supplement the expense (see Paying for College, PG. 871). [2828]
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Depending on your career goals, your life situation, and your access to resources like financial aid, college may or may not be the best option for you now. The following sections of this chapter will provide details about the different types of college degree programs so that you can make an informed decision.
There are three main categories of college degrees:
Different degrees are awarded in different subject and career areas, and they all have different requirements. For some degrees you have to earn another degree first, before you can pursue them. The various degrees are discussed in detail below.
An associate degree (sometimes called a “two-year” degree) is an undergraduate college degree that is awarded by community and junior colleges (sometimes called “two-year colleges”), technical schools, and some four-year colleges and universities. Associate degree programs are designed to take two years of full-time study to complete (but part-time students may take longer), and generally require students to take various general education courses like English, math, and science. An associate degree can be a stepping-stone toward earning a bachelor’s degree or can prepare you to enter the workforce directly. [2830]
An Associate Degree is a great option for many people because:
There are two categories of associate degrees:
AA and AS degree programs tend to be designed for students who eventually want to earn a bachelor’s degree at a four-year college or university. Therefore, these programs focus more on preparing students for higher levels of academic study. The courses offered and credits earned in an AA or AS program are meant to be easily transferred to a four-year college. (See PG. 865 for information on transferring credits.)
The “Applied” degrees (AAA and AAS) , on the other hand, are more geared toward preparing students for a particular career. Therefore, these programs emphasize more technical and vocational skills. AAAs and AASs are the college degree equivalent of CTE certificates. [2831]
An AA or AS degree may be a good choice if your main priority is not just to gain practical job skills, but also to sharpen your academic skills, explore diverse areas of study, and engage in critical analysis. They may also be a good choice if you intend to continue on to get your bachelor’s degree, but you want to save on costs. When you transfer your AA or AS credits to a four-year college, you can get up to half of the required credits for your bachelor’s degree at a fraction of the cost. [2832]
An AAA or AAS degree may be a good choice for you if you want to learn technical skills for a specific occupation, but you also want to have a college degree (not just a certificate). These degrees are also good for you if you want the technical, practical skills to work now, but you think that you might eventually want to get a higher college degree. [2833]
NOTE: In California, all public (state-funded) universities are required to guarantee a number of openings for students transferring from California Community Colleges (one transfer student for every two freshman admitted). This means that you have a good chance of getting into a California State University or a University of California school if you transfer in from a community college. [2834]
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Comparing Types of Associate Degrees: |
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AA/AS may be right for you if… |
AAA/AAS may be right for you if… |
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You want to go on to earn a bachelor’s degree; |
You want a college degree; |
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You want to transfer your credits to a 4-year college or university; |
You want a college degree; |
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You want to sharpen your academic skills; |
You want to get into the workforce sooner; |
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You want to get into the workforce sooner |
You want to get into the workforce |
The cost of earning an Associate degree varies greatly depending on the institution that you enroll in.
IMPORTANT: Tuition or per-unit fees do not include other costs associated with enrolling in a college program such as books, school supplies, and transportation.
If you’re currently incarcerated:
In a federal prison : Federal correctional facilities offer Associate degrees through the Occupational Education Program. [2836] Programs vary by facility, so check your Unit Team to find out what Associate degree programs are available in your facility. [2837]
In a California state prison : Currently, San Quentin State Prison is the only CDCR facility that offers an in-facility Associate degree program. [2838] If you are housed in any other facility, your only options may be Distance Education (see PG. 866 for more information) or correspondence courses (see PG. 868 for more information).
In a California county jail : Education programs vary greatly across county facilities. You will need to check with your facility’s education department to see if any Associate degree programs are offered. (Note: Because of the time commitment required by college degree programs, many county jail facilities, which generally house people only for limited periods of time, may not offer them. However, this may be changing as people who are sentenced under realignment find themselves serving more extended county jail sentences.)
If you’re formerly incarcerated:
Bachelor’s degrees are offered by four-year colleges and universities. Bachelor’s degree programs are designed to take four years of full-time study to complete, however, many students choose to complete them in five years, and part-time students may take even longer. Students are required to take a variety of general education courses, plus several courses in a specific area of study called a major, that the student chooses. A bachelor’s degree can be a stepping-stone toward earning a graduate or professional degree, and is required for many high-salary, high-status jobs. [2839]
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There are two main kinds of Bachelor’s degrees: Bachelor of Arts (BA) degrees and Bachelor of Science (BS) degrees. [2840] BAs are awarded for programs of study that focus on areas within the liberal arts, humanities, or social studies (such as English, Psychology, or History). BSs are awarded for programs of study that focus on areas within the “hard” sciences, such as Math, Biology, Chemistry, or Physics. [2841]
Bachelor’s degrees from four-year colleges and universities are expensive. They can cost in the hundreds of thousands of dollars. Most people require financial assistance from federal or state student aid programs, or from private organizations to pay their tuition. (For information on Paying for College, see PG. 871.)
Both public and private colleges and universities offer Bachelor’s degree programs. Public schools are partially funded by government taxes and usually charge lower tuition (especially for in-state residents). They tend to have a larger student population and larger class sizes. Private schools are generally more expensive, and tend to focus on keeping classes small and exposing students to many different subjects. [2842] A NOTE ABOUT IN-STATE TUITION: Most schools require that you have lived in California for a certain period of time in order to get the discounted “resident” or “in-state” tuition rate. [2843] Some schools will consider time that you spent incarcerated in California towards this requirement. Check with your school’s admissions and financial aid offices to find out if your period of incarceration qualifies you as a California resident under that school’s policy.
If you’re currently incarcerated
If you’re formerly incarcerated
Project Rebound is an academic support program that helps currently and formerly incarcerated people enroll and stay in college. Originally founded at San Francisco State University, it has since expanded to eight California State University campuses. [2844] Project Rebound answers letters from people incarcerated across California and helps them apply to college before they’re released. Once people enroll in college, Project Rebound connects them to supportive resources on campus and in the community. [2845]
Underground Scholars Initiative (USI) is and academic support program at U.C. Berkeley aimed at connecting formerly incarcerated students with resources and information, including peer counseling, scholarship information, campus and community advocacy, and networking with other service organizations, to increase each student’s prospects of success at U.C. Berkeley [2846]
The Street Scholars program at Merritt College in Oakland, California is a peer mentoring and training program focused on academic success for formerly incarcerated students enrolled in one of the four Peralta District Colleges (Merritt College, College of Alameda, Berkeley City College, Laney College). All Street Scholars programs and services are designed with the input of members who were formerly incarcerated. Formerly incarcerated students also direct and facilitate most of Street Scholars’ programs to ensure that formerly incarcerated students are understood and supported throughout their reentry experience.
NEW D.R.E.A.M at the College of Alameda is an academic support program for formerly incarcerated students who are on parole or probation. NEW D.R.E.A.M helps students with the transition into college. The program is tailored to meet the individual needs of each student.
(List continues on next page.) The Formerly Incarcerated Student Transition (F.I.S.T.) Program at El Camino College in Compton, California is a support program for formerly incarcerated students. F.I.S.T. holds regular support meetings and helps connect students with campus and community resources. Additionally, F.I.S.T. helps its students to develop professional and “soft” skills, learn to how to network, explore career options, and enter the professional world.
Restoring Our Communities Initiative (ROCI) at Laney College is a student-led program by and for formerly incarcerated students in Oakland, California. The goal of ROCI is to support and equip formerly incarcerated students to transcend reentry barriers, envision and implement their educational goals, make informed decisions, increase their self-determination and create positive life outcomes for themselves, their families and the broader community.
The Green Workforce Development Initiative at Los Angeles Trade-Technical College (LATTC) is a program specifically designed for formerly incarcerated people and people coming from disadvantaged backgrounds. The Goal of the Green Initiative is to ensure that people from groups that have been historically disadvantaged or “left behind” in emerging economies (e.g., people of color, people living in poverty, people with criminal records) are at forefront and prepared to obtain the most promising occupations and careers in the new, emerging green economy. These fields include sustainable energy, sustainable architecture, alternative fuel, conditioning/HVAC, solar design, and more.
Extended Opportunities Program and Services (EOPS) is a support program for low-income community colleges students. EOPS primary goal is to encourage the enrollment, retention and transfer of students disadvantaged by language, social, economic and educational circumstances, and to facilitate the successful completion of their goals and objectives in college. EOPS offers academic and support counseling, financial aid and other support services. Most community colleges throughout the State have an EOPS programs. Contact the California Community College’s Chancellor’s Office to ask for more information about EOPS and to find a community college with an EOPS program near you
If you have decided that you want to apply to a four-year college or university, there are several documents you will need to gather or prepare, as well as other tasks you will need to complete before you apply. [2847]
You will need the following important documents:
Depending on the program and the school you are applying to, there may be a formal school-specific application you must complete or there may be a general application that is good for several schools. This will depend on the school you are applying to, so be sure to ask whether there is a specific application you must complete or if there is a general application available.
Almost all schools require a payment in order to process your application. This fee may range any where from $20—80. But don’t be discouraged! Many schools also offer fee waivers. To see whether or not you qualify for a fee waiver, first look at the school’s website and see if you can find information as to how to apply for a fee waiver. You may also call the school’s admission office and ask for one directly. But be sure to do this EARLY as many schools may run out of the number of fee waivers they can provide to students. If you receive a fee waiver, you do not have to pay this application fee but instead will include proof of the waiver with your application.
SAT & ACT. The SAT and ACT are standardized college admissions tests. Almost everyone who applies to a four-year college or university must take one of these tests. Schools use applicants’ scores on these exams to make admissions decisions. The SAT covers math, reading, and writing, and focuses more on vocabulary and how well you can reason. It’s more popular with private schools, and with schools on the East and West coasts. [2848] The ACT covers math, English, science, and reading, and focuses more on how much you know about the subjects being tested. It’s more popular with public schools, and with schools in the South and the Midwest. (See Appendix C, PG. 883, for more details on ACT policies.) [2849]
If you are unable to take the SAT or ACT while you are incarcerated, you can still study and prepare for either test so that you are ready to be tested as soon as you are released.
The registration fee for the 2015-2016 SAT is $54.50 for the full test, and $43.00 if you do not take the essay portion. [2850] The registration fee for the ACT is $54.50 for the full test, and $38 if you do not take the writing portion. [2851] Before you sign up for either test, confirm which test the school your are applying to accepts, and whether it requires you to take the full test.
If you’re currently incarcerated:
If you’re formerly incarcerated:
If you’re currently incarcerated:
If you’re formerly incarcerated:
Letters of recommendation positively describe your character traits, accomplishments, and qualifications, and recommend that you be accepted to a program, school, or job. They can be written by past employers, case managers, supervisors, community leaders, or teachers (but not your family members). They should include each person’s relationship to you, company name and job title, and contact information. [2857]
If you completed any Career & Technical Education (CTE) or college-level courses, whether before, during or after your incarceration, you may be able to apply the credit you earned from those courses toward a CTE certificate or a college degree. This is called “transferring” credits. [2858] The new school you enroll in recognizes the work you did previously (either while incarcerated or at your previous school), and does not make you retake those classes in order to earn your degree. [2859]
Generally, CTE programs and community colleges will accept credit from correspondence courses or other programs you completed while incarcerated. Four-year colleges and universities may accept some of these credits, depending on the program. Four-year colleges generally accept transfer credits earned at community colleges. Each school will have a different policy for applying transfer credits toward a certificate or degree program.
NOTE: Generally, you must have completed the course within the last 10 years and earned a C or better for a school to give you credit for it. Also, you cannot transfer credits from a non-accredited program to an accredited program. (See PG. 846 for information on “accreditation.”)
The best way to make sure that your credits will transfer to your new school is to call or write to the new school’s Registrar Office directly and ask. There are also online resources that may help you find out if and where you can transfer your credits. These include:
Once you make sure that your credits will transfer to the school you want to attend, the transfer process is simple. When you are applying to your new school, you will need to request your official transcripts from any college or program that you attended in the past, and have them sent to your new school. [2860] You must request your official transcripts—the official record of your grades from the school’s administration records. To find out how to request your official transcripts, contact the admissions and records office of the school you attended.
NOTE: If you earned college credit while incarcerated, you will need to contact the school that provided the course or program to request a copy of your official transcripts. You do not get them from the facility where you were incarcerated. [2861]
Distance Education (also called Distance Learning) is an education program that uses various technologies to deliver instruction to students who are separated from the teacher. It is a way for students to take a formal course of study (high school, vocational, or college-level) without having to travel to the classroom. Although the students and the teachers are separated, the hallmark of Distance Education is regular and substantial interaction between them. [2862] Distance Education courses usually incorporate multiple forms of media, including printed materials, CDs or DVDs, audio recordings, telephone communication, audio or video conferencing, email, and Web-casts and Internet streaming. There are two types of Distance Education interaction modes: “synchronous” and “asynchronous” instruction. [2863]
Synchronous instruction means that all of the students and the instructor(s) participate in the class at the same time, even though they are not in the same place. This is usually done through “live” teleconferencing, video conferencing web conferencing, or Internet chats. The class is given at a set time, and everyone calls or logs in at that time to participate. Synchronous courses can offer a level of interactivity similar to that of a traditional face-to-face class. [2864]
Asynchronous instruction does not require that the student(s) and the instructor(s) participate at the same time. Students choose when they want to study the course materials or interact with the instructor(s). Asynchronous instruction is more flexible than synchronous instruction, but offers less interactivity because it is not “live.” In asynchronous instruction, course materials and communications are often delivered via CDs or DVDs, by traditional mail correspondence, or through e-mails, listservs and Internet downloads. [2865]
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BEWARE: Distance Education programs can vary in quality and legitimacy (quality of instruction can be low, credits/degrees may not be recognized by other schools or programs). Some programs are outright scams. (For information on how to tell if a program is a scam, see Choosing Your Educational Path , PG. 839).
Thanks to the Internet, you can earn pretty much any credential through a Distance Education program that you can earn through a traditional educational program. [2867] This includes high school degrees and equivalency certificates, CTE certificates and degrees, associate and bachelor’s degrees, and even graduate academic and professional degrees. Distance Education programs are offered in most major CTE and college degree program areas. Program quality does vary greatly, however.
WARNING: While many accredited, reputable schools offer credential programs through Distance education, there are also plenty of scam programs that will take your money and leave you with a useless piece of paper. (For more information on spotting Distance Education scam programs, see Choosing Your Educational Path, PG. 839.)
If you’re currently incarcerated:
If you’re formerly incarcerated:
There are numerous commercial websites that advertise hundreds of Distance Education programs and schools in the U.S. and abroad. However, keep in mind that schools and programs pay to be listed on these websites. This means that when you search these sites, only those that have paid will come up—you will not see the rest of the schools and programs out there, so the results of your search will be limited. Also, many of these websites claim that they only list “accredited” schools and programs, however, you should always do your own research to make sure that a school or Distance Education program is 1) legitimate and 2) recognized by an approved accrediting agency. [2868] (For more information on accreditation and scam programs, see Choosing Your Educational Path , PG. 839.)
The cost of Distance Education programs varies based on the type of program, the delivery media, and the institution that it is offered through. Programs offered through four-year colleges and more prestigious schools will be more expensive than those offered through local community colleges.
Distance Education programs offered through California community colleges may qualify for an enrollment fee waiver through the California Community Colleges Board of Governor’s Fee Waiver program. (For more information on this program and how to qualify, see Paying For Your Education , PG. 871.)
You may be able to get financial aid to help you pay for your Distance Education courses. Only accredited Distance Education institutions are allowed to participate in federal financial aid programs. Even if a school or program is eligible to participate, it must choose to do so. To find out if financial aid is available for a particular school or program, check with that institution’s financial aid office (For more information on financial aid, see Paying For Your Education , PG. 871).
A correspondence course is a course offered by a school or program, where the student is separated from the teacher and course materials are provided through the mail or over the Internet. There is very little interaction between the student and the teacher, communication is usually initiated by the student (whenever the student wants), and students work at their own pace. Although there are some similarities, correspondence courses are not considered a type of distance education under federal law (see the table below for key differences). [2869]
Although these two terms seem similar and are often confused, they refer to two different learning situations. Distance Education is generally an option that requires Internet access. Although Distance Education is one option to earn credit, due to the need of media/ Internet access, it may not be a possible option for an individual who is currently incarcerated.
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Like with Distance Education programs, you can earn pretty much any credential that you can earn through traditional schooling through a correspondence course. This includes high school degrees and equivalency certificates, CTE certificates and degrees, associate and bachelor’s degrees, and even graduate academic and professional degrees.
Program quality does vary greatly, however. While many accredited schools offer credential programs through correspondence courses, this is where you are most likely to see scam programs offering bogus higher education degrees. (For more information on spotting correspondence course scams, see Choosing Your Educational Path , PG. 839).
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If you’re currently incarcerated:
If you are interested in taking a correspondence course while you are incarcerated, your facility’s education department should be able to provide information and guidance. [2870]
Two great resources for researching correspondence programs from inside are:
If you enroll in a correspondence course while you are incarcerated, you will be responsible for getting all of the required textbooks and materials yourself. You may also be responsible for finding a “proctor” at your institution to administer any midterm or final exams. A proctor is someone who watches over you while you take your exam to make sure that you are the one actually taking the exam, and that you do not cheat.
If you’re formerly incarcerated:
NOTE: Once you have returned to the community, you will have access to more resources, including the Internet, than when you were incarcerated. We recommend that you take advantage of interactive Distance Education programs or traditional face-to-face programs, as these tend to offer a richer and more integrated educational experience than correspondence courses.
You may be eligible to receive financial aid to pay for your correspondence study, but it depends on the school you are taking courses through. Because of federal regulations, schools that offer primarily correspondence courses are not eligible to participate in federal financial aid programs. If more than 50% of the courses the institution offers are correspondence courses, or more than 50% of the students enrolled are taking correspondence courses, then the school is not eligible for federal financial aid. Additionally, a school is not eligible if more than 25% of its students are incarcerated. [2871] (For more information on financial aid, see Paying For Your Education, PG. 871.)
These degrees are offered at four-year colleges and universities and at graduate academic and professional schools. You must have a Bachelor’s degree before you can move on to pursue a graduate academic or professional degree. Students studying to earn one of these degrees must take highly advanced and specialized courses in a specific academic or professional field. It generally takes two years of full-time study for a master’s degree, and three to four years of full-time study for a doctorate degree .
Your local public library should have various books and guides about graduate academic and professional schools and the programs they offer. These are also available from most book-sellers. You can also contact the alumni services center of the college where you got your undergraduate degree for information and help on searching for and applying to graduate academic and professional schools.
Here are some things to consider:
“Financial aid” is the general term for any type of funding intended to help students pay for educational expenses. This is the most common way that people fund their education.
There are many different types of financial aid, available from different places. The basic categories are: [2873]
The federal government, state governments, organizations, businesses, and agencies offer financial aid of one or more types. Generally, financial aid providers fall into the following broad categories: [2875]
These categories of aid are discussed in detail below.
Federal student aid is probably the most common type of financial aid that people rely on to help them pay for school. Most federal student aid is offered through the Department of Education. [2876] (For detailed information on federal student aid, visit the Federal Student Aid website at: https://studentaid.ed.gov/ .) Federal student aid includes:
Federal Grants —Grants do not have to be repaid unless 1) you drop out of school, or 2) your GPA falls below a certain minimum (usually specified in the grant).
Federal Loans —These are loans made to you by the federal government. They usually have lower interest rates and more flexible repayment options than regular loans. The amount you are allowed to borrow depends on the cost of the school you want to go to, your financial need, and what other aid you get. Since these are loans, you will have to pay the money back!
Federal Work-Study —Work-study allows you to earn money through part-time employment (on or off campus) while you are in school. If you are awarded work-study aid, you are guaranteed to earn a certain amount of work-study funds as long as you have a work-study approved job (however, you cannot earn more than that amount). [2879]
Other federal student aid programs outside of the Department of Education include:
Maybe. It depends on the circumstances of your offense, the type of aid you are applying for, and your incarceration status. [2881] The following is a summary of the possible implications of a criminal record on your federal student aid eligibility.
Drug Convictions:
If you were convicted of possession or sale of a controlled substance (felony or misdemeanor) while you were already receiving federal student aid, you will be ineligible to receive federal student aid funds for a specified period of time. [2882] The length of time you are ineligible depends on the type and number these convictions you have, and whether or not you have fulfilled any rehabilitation requirements. [2883] (For detailed information on federal student aid and drug convictions, see Appendix E, PG. 890.)
Sex Offense Convictions:
If you have been convicted of a forcible or non-forcible sex offense and you are subject to an involuntary civil commitment after your incarceration for that offense, you are ineligible to receive a Federal Pell Grant. [2884] However, you are still eligible for other types of federal student aid.
Currently Incarcerated:
Unfortunately, while you are incarcerated, you are directly prohibited from getting certain kinds of federal aid (by law), and indirectly banned from some of the others (by logistics). However, once you are released, most of these restrictions are lifted and you become eligible to receive all forms of federal aid. You can even apply before your release so that your aid will be ready by the time you start school. [2885]
Selective Service:
You are not eligible for federal or state financial aid if you did not register for the Selective Service, unless you fall into one of the exceptions. [2886] See Pg. 73 to figure out whether you are (or were) required to register; how to register now (if you are between 18 and 25 years old and required to register); and how to request an excuse (in a “Status Information Letter”) for not having registered before (if you are 26 or older, never registered, and do not fall into one of the exceptions).
IMPORTANT: If you’re incarcerated, do not fill out the FAFSA unless you know you are going to be released in time to attend school that same year . FAFSA information is only good for one year. (Everyone who applies for federal student aid must complete a new FAFSA every year.)
On Parole or Probation
You are free to apply for all forms of federal student aid, including those you couldn’t get while you were incarcerated. However, the drug and sex offense restrictions still apply (see above). [2887]
It depends on what institution you are in, and what it offers, [2888] so keep reading this section to better understand your eligibility for federal grants and federal loans. Most of the educational programs available to you while you are incarcerated are either free or do not qualify for financial aid in the first place. But remember, while you cannot receive most financial aid while you are incarcerated, you can still apply for financial aid so that the money is waiting for you when you get out. [2889]
Maybe, It depends on where you are confined. [2890] THIS IS A NEW LEGAL UPDATE! In 2015, the U.S. Department of Education (U.S. DOE) launched a new federal program called the “ Second Chance Pell Pilot Program,” which allows some incarcerated people to receive federal Pell Grants to cover many of the costs of college (tuition, fees, books, and supplies) while incarcerated. [2891] Before this announcement, currently incarcerated people in state and federal facilities were NOT able to receive Federal Pell Grants.
The “Second Chance Pilot Pell Program” focuses on those who are eligible for release, especially students who are likely to be released within five years of getting their college education. The program is available only at certain state and federal correctional facilities that have applied to participate. More than 100 correctional facilities across the country are currently participating in the program, in partnership with 67 colleges and universities. [2892] As of the publishing of this guide, the following California institutions are participating: California State Prison, Los Angeles County; California Institution for Women; Sierra Conservation Camp; and Richard J. Donovan Correctional Facility. [2893]
NOTE: In order to be eligible for the Federal Supplemental Educational Opportunity Grant (FSEOG) you must have already received a Pell Grant. Therefore, if your institution does not offer one of the “Second Chance Pilot Pell Grants” because you are incarcerated, then by default, you are also not eligible for a FSEOG.
It depends where you are incarcerated. Anyone who is considered “incarcerated” in a federal or state facility cannot receive federal student loans. [2894]
Unfortunately, here, you are considered “incarcerated” if you are serving a sentence in a penitentiary, prison, jail, reformatory, work farm, or similar correctional institution, whether it is operated by the government or a private contractor. You are also considered to be incarcerated if you have been committed to a juvenile detention facility.
You are NOT considered incarcerated if you are in a halfway house, on home detention, sentenced to serve only on weekends, or if you are confined while your case is still pending (such as while you are awaiting trial).
The following chart summarizes whether or not you can receive federal student grants and/or federal student loans while you are incarcerated.
|
IF YOU ARE IN A FEDERAL OR STATE INSTITUTION: |
|
|
IF YOU ARE IN AN INSTITUTION OTHER THAN A FEDERAL OR STATE ONE: |
|
Once you’re released, most eligibility limitations will be removed. In fact, you may apply for aid before you’re released so your aid is processed in time for you to start school. However, if your incarceration was for a drug-related offense or if you are subject to an involuntary civil commitment for a sexual offense, your eligibility may be limited.
REMEMBER: Even though you are not eligible to receive federal student loans while you are incarcerated, you can still apply for them so that your application can be processed and they will be available in time for you to start school once you are released. [2897] (For information on applying for federal student aid, see PG. 875. The application process is the same whether you are incarcerated or not.)
IMPORTANT: If you’re incarcerated, you should not fill out the FAFSA unless you know you are going to be released in time to attend school that year . FAFSA information is only good for one year. Everyone who applies for federal student aid must complete a new FAFSA every year. This means that if you were receiving federal financial aid before you were incarcerated, you will likely need to reapply, unless you will be released before that school year ends.
Technically, yes, but in reality, no. While you are technically eligible for FWS while you are incarcerated, logistics alone will likely prevent you from being awarded this type of aid. It is difficult, if not impossible, for you to perform a FWS job while incarcerated. [2898]
Once you are released, you become fully eligible for federal student aid again. Your status on parole, probation, or under any other type of supervision does not affect your eligibility. However, any general restrictions based on your conviction history (drug/sex offenses) still apply. [2899]
Everyone who applies for federal student financial aid must start by filling out the Free Application for Student Aid (FAFSA). Not only does the FAFSA give you access to federal student aid (the largest source of financial aid), but most states and individual schools also use the FAFSA to determine what state or school-based financial aid you may be eligible for.
The FAFSA asks you for personal information such as your name, date of birth, and address, as well as for information about your financial situation. Some of the information and documents you may need are: [2900]
A forebearance is a request to stop payments completely for a year. All people whose loan payments are equal to or greater than 20 percent of their monthly income qualify for a forebearance. This means incarcerated individuals would likely qualify automatically.Deferment is similar to forebearance in that it stops payments for a year. Unlike forebearance, the loan continues to accrue interest during that period, which makes it more expensive in the longrun. Either option is better than defaulting.
The FAFSA must be filled out at the beginning of the year in which you intend to start school. It becomes available on January 1, and although technically there is no deadline, try to fill it out as soon as possible after that date. Each state and every individual school has its own deadline by which it must receive FAFSA information in order to include federal funds in the financial aid package that it offers you.
IMPORTANT: If you’re incarcerated, you should not fill out the FAFSA unless you know you are going to be released in time to attend school that year . FAFSA information is only good for one year. (Everyone applying for federal student aid must complete a new FAFSA yearly.)
Yes, you can have your loans deferred, but you must apply for a deferment. Deferment is a process that permits your to temporarily put your loan payments on hold for up to three years, depending on your loan provider and circumstances.
If you cannot get in touch with your student loan provider, you can ask a trusted person on the outside to send you the necessary forms for deferment from your loan provider. Ask the prison staff for proof of your incarceration so you can provide that to the loan providers along with the other paperwork.
NOTE: If you took out student loans so that you could attend WyoTech, Everest College, or Heald College, you may be able to discharge any associated student loan debt. Following the closure of all 28 Heald, Everest, and WyoTech campuses in California, the Departent of Education created a expedited process for former students of these schools to discharge their debt based on defense to repayment. For more information, go to https://oag.ca.gov/corinthian .
Start by calling your federal loan provider. A representative may be able to talk through your options. Most likely, you will have to rehabilitate your loan, which requires you to make nine consecutive monthly payments. [2902] If you are currently incarcerated, that payment may be as low as $5. [2903]
Once you have successfully rehabilitated your loan, you can apply for an income-driven repayment plan, which lets you pay off your loans using a portion of your income. If you are currently incarcerated, you may not have any monthly payments at all. [2904]
The Cal Grant program is the largest source of student financial aid in California. If you are a California graduating high school student, a recent graduate, or you just got your GED, and you meet academic, financial and eligibility requirements, then you may qualify for a Cal Grant for college or career/technical school.
There are several grants offered within the Cal Grant program, and each has its own specific requirements, but there are some general requirements that they all share. For example, you must:
NOTE: If you don't have a GPA to submit, the California Student Aid Commission will use your GED, ACT or SAT test scores instead to determine if you qualify for a Cal Grant. [2907]
For more information on Cal Grants, visit the California Student Aid Commission’s Cal Grants website at: www.calgrants.org , or Appendix H, PG. 903. You can also call the Commission at (888) 224-7268 or write to: California Student Aid Commission, Attn: Cal Grants, P.O. Box 419026, Rancho Cordova, CA 95741-9026.
If you were qualified for TANF/Calworks but found ineligible because of a drug conviction, your criminal history would have previously disqualified you from the BOGFW program (see PUBLIC BENEFITS CHAPTER, PG. 444, for details about TANF/CalWORKS eligibility). However, this law changed on April 1, 2015. After that date, your conviction history no longer makes you ineligible for TANF/CalWORKS benefits, so you may be able to qualify for BOGFW now.
The Board of Governor’s Fee Waiver (BOGFW) program waives enrollment fees for California Community Colleges for qualified low-income students. If you qualify for this waiver, you can go to community college for free (NOTE: you will still have to pay for other education expenses, such as course materials and supplies). If you are taking a correspondence course through a California Community College while you are incarcerated, you may qualify for a BOGFW—keep reading to learn more.
First, to qualify for the Board of Governor’s Fee Waiver, you must be a California resident. If you are a CA resident, you must also qualify based on one of several other criteria, for example, if you receive government benefits or fall into an eligible income bracket. (For a full list of BOGFW qualifications, see Appendix I, PG. 904; for a 2015-16 BOGFW Application, see Appendix J, PG. 906.)
Maybe. If you are still incarcerated, you are disqualified from receiving any type of Cal Grant financial aid. [2909] Additionally, certain drug convictions may make you ineligible for a Board of Governor’s Fee Waiver.
In order to apply for California-based financial aid, you will need to fill out either the FAFSA (see above) or the California Dream Act application, and submit your certified GPA to the Student Aid Commission. For detailed instructions on how to apply for state-based financial aid in California, visit the California Student Aid Commission website at: http://consumerfinance.gov/ , or speak to a counselor in your school’s financial aid office.
Many colleges and universities have their own financial aid programs and may offer scholarships, grants, loans, or work-study programs directly. Eligibility for school-based aid programs can be based on financial need, merit, or a variety of other qualifications. You should contact the financial aid offices of the schools you are interested in to find out what financial aid might be available from the individual schools. Some schools have more financial aid funding available and may be able to offer you a more substantial award. This may be an important factor in your decision about which school you want to attend.
Again, policies for receiving school-based financial aid vary by school. Each school has its own requirements for the different types of aid it offers. Remember, even if your criminal history disqualifies you for some types of aid, you may still be eligible for others, so it is important to ask.
Many private organizations offer scholarships, usually to students meeting certain qualifications or having certain characteristics. Such scholarships may be need-based or merit-based (e.g., requiring high GPA or test scores). They may also be based on cultural, religious, ethnic, racial, national identity, political, religious, or other beliefs, or based on your chosen academic or career field.
The best place to start is the financial aid office at the school you plan on attending. The financial aid counselors on staff can help you search for scholarships that you may qualify for.
Other resources for information on scholarships include:
NOTE ON SCHOLARSHIPS: Be creative when you search for scholarships. They are awarded for all kinds of reasons and can be based on almost any criteria. Often funders do not even advertise that they offer them. You may even find scholarships specifically targeted at helping currently and formerly incarcerated people pursue higher education! [2910]
Not necessarily. Most scholarship applications do not ask for criminal history information. So, as long as you qualify for the scholarship otherwise, your criminal record should not be a factor in whether or not you can get it. If a scholarship application does ask for your criminal history, there’s usually no harm in applying anyway, and it won’t affect any other scholarships you apply for
Getting an education is probably the single-most important gift you can give yourself. It will open doors for you and help secure a future that is stable and rewarding—both financially and personally. In this chapter, we hope you learned practical steps that can help you along your educational path. We hope that we have inspired you to step onto that path with confidence and enthusiasm!
Alameda County Library Reading for Life / Jail Tutoring Program
2450 Stevenson Blvd.
Fremont, CA 94538
(510) 745-1486
https://jailtutoring.wordpress.com/volunteer/contact-us/
Inside Out Writers
1212 N. Vermont Avenue, 2nd Floor
Los Angeles, CA 90029
PHONE (323) 660-1866
http://www.insideoutwriters.org
* Writing program for youth and young adults during and following their incarceration.
Literacy Services, City of Woodland
2001 East Street
Woodland, CA 95776
530 661-2000
http://www.cityofwoodland.org/gov/depts/library/literacy/
Marin Literacy Program/ Inmate Literacy Services (ILS)
P.O. Box 151080
San Rafael, CA 94915-1080
(415) 537-0523
Model Local Program
Contra Costa County Office of Education
1000 Ward Street
Martinez, CA 94553
415-646-2201
Project Read, San Mateo County
1044 Middlefield Rd.
Redwood City, CA 94063
(650) 780-7077
READ/OC's Working for Inmate Literacy Now (WIN)
1501 E. St. Andrew Pl.
Santa Ana, CA 92705
(714) 566-3070
Service League of San Mateo County
727 Middlefield Road
Redwood City, CA 94063
Phone: (650)364-4664
http://www.serviceleague.org/home.html
Sonoma County Library
Adult Literacy Program
725 Third Street
Santa Rosa, CA 95404
(707) 544-2622
Write 2 Read: Youth Literacy at Juvenile Hall
Alameda County Library
Extension Services
2450 Stevenson Blvd.
Fremont, CA 94538-2326
acheney@aclibrary.org
510-557-0643
http://juviewrite2read.aclibrary.org/
NOTE: Some facilities only accept brand new books by mail, sent directly from a bookstore or publisher. Because many of the organizations listed below send used books, you should double check your facility’s policy before requesting GED materials.
Appalachian Prison Book Project
P.O. Box 601
Morgantown, WV 26507
http://aprisonbookproject.wordpress.com
Serving: KY, MD, OH, TN, VA, WV
Arizona Read Between the Bars
c/o Daily Planet Publishing
P.O. Box 1589
Tucson, AZ, 85702-1589
http://www.readbetweenthebars.org/index.php
Serving: AZ
Asheville Prison Book Program
67 N Lexington Ave
Asheville, NC 28801
http://www.main.nc.us/prisonbooks
Serving: NC, SC and TN
Books for Prisoners San Diego
c/o Groundwork Books
0323 Student Center La Jolla, CA 92037
http://booksforprisonersucsd.wordpress.com
Serving: All U.S. states
Books 2 Prisoners
1631 Elysian Fields #117
New Orleans, LA 70117
Free books to prisoners in Southeast states.
Books Through Bars
4722 Baltimore Ave.
Philadelphia, PA 19143
215-727-8170
Sends progressive political and educational materials for free to jails in the mid-Atlantic region (PA, NJ, NY, DE, MD, VA, WV). Donates books directly to county jail libraries but does not accept individual requests. Request books by topic. No catalog. Donations including artwork and stamps greatly appreciated.
Books Through Bars - NYC
c/o Bluestockings
172 Allen St
New York, NY 10002
www.abcnorio.org/affiliated/btb.html
Ships to prisoners nationwide. Specializes in political and history books. Also sends literary fiction and other educational books. Does not send religious literature. Donations of stamps and cash are appreciated. Money orders should be made to the groups’ fiscal sponsor, ABC No Rio.
Books Thru Bars Of Ithaca
C/o Autumn Leaves Used Books
115 The Commons
Ithaca, NY 14850
Free books to inmates in Maine, Vermont, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware and Maryland.
Books To Prisoners
C/o Left Bank Books
92 Pike St., Box A
Seattle, WA 98101
The longest running project of its kind. Free books to prisoners Nationwide. Request by subject, no religious materials or legal materials. donations appreciated. Special Note - Does not ship to prisons that require all books sent to be new.
Chicago Books To Women In Prison
c/o RFUMC
4511 N. Hermitage Ave.
Chicago, IL 60640
Free books to women prisoners in Arizona, California, Connecticut, Florida, Illinois, Indiana, Kentucky, Mississippi and Ohio.
Dc Prisons Book Project
P.O. Box 5243
Hyattsville, MD 20782
www.quixote.org/ej/bookstoprisons/
Free books to prisoners nationwide.
Gainesville Books For Prisoners
P.O. Box 12164
Gainesville, FL 32604
Covers prisoners nationwide. Accepts Requests by topic of interest only.
Inside Books Project
C/o 12th St. Books
827 West 12th Street
Austin, TX 78701
Sends free books and literature to prisoners in Texas only. Send a request for resource list and newsletter. Accepts artwork donations for their yearly prisoner art show.
Internationalist Prison Books Collective
Internationalist Books to Prisoners
405 W. Franklin Street
Chapel Hill, NC 27516
Sends free books and literature to prisoners in North Carolina only.
Prison Book Project
C/o Food for Thought Books
P.O. Box 396
Amherst, MA 01004-0396
Sends ONLY to prisoners in Texas, Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.
Red Bird Books to Prisoners
PO Box 1291
Columbus, OH 43216
www.redbirdbookstoprisoners.com
Request topics or authors only, catalogue of radical zines available upon request. No bibles. Serving: Ohio only with some exceptions.
Midwest Pages To Prisoners Project
C/o Boxcar Books
406 E. 6th St.
Bloomington, IN 47408
812-339-8710
midwestpagestoprisoners@yahoo.com
No Texas or Michigan prisoner requests.
PORTLAND BOOKS TO PRISONERS
6315 NE Rodney
Portland, OR 97211
portland.indymedia.org/en/2003/06/265772.shtml Email: bookstooregonprisoners@gmail.com
Sends books to state and federal prisoners in all states except Oregon. Request by topic not author. No legal or religious requests.
Prison Book Program
1306 Hancock St. Suite 100
Quincy, MA 02169
617-423-3298 (NO collect calls)
Covers all states but CA, MA, MD, MI, PA, or TX (except Gatesville and Huntsville). Does not offer computer books, horror, romance, textbooks, true crime, or white supremacist materials. Publishes the National Prisoner Resource List free to prisoners nationwide on request.
Prison Book Project
C/o Food for Thought Books
P.O. Box 396
Amherst, MA 01004-0396
(413) 584-8975 ext. 208
Serves prisoners in New England states (Maine, VT, NH, MA, CT, RI) and Texas only. Request books by topics of interest, not title. No mailing list or catalogue. No hardback books.
Prison Literature Project
C/o Bound Together Bookstore
1369 Haight St.
San Francisco, CA 94117
plp.versuspress.com/plphome.htm
No Texas requests. Request types of books-not specific titles, Stamps or donations greatly appreciated.
The Prison Library Project
915-C West Foothill Blvd. PMB 128
Claremont, CA 91711
Free fiction and non-fiction books to state and federal prisoners nationwide. Priority to educational topics. Textbooks not available.
Women’s Prison Book Project
C/o Arise Bookstore
2441 Lyndale Ave. S.
Minneapolis, MN 55405
www.prisonactivist.org/wpbp wpbp@prisonactivist.org
Ships to all states except OR, MI, CO, and WV. Free books to women prisoners only. No county jail requests. Does not ship hardback books. Free resource guide for women and transgender prisoners. Encourages women and transgender prisoners to write articles for their newsletter. Write for more details.
See next page.
Lassen Community College
An Accredited Institution (ACCJC)
478-200 Hwy 139, Susanville, CA 96130
Phone: (530) 257-6181
Fax: (530) 257-8964
Coastline Community College
Distance Learning Department Room 318 (3rd Floor)
11460 Warner Avenue
Fountain Valley, CA 92708-2597
Phone: (714) 241-6216
Fax: (714) 241-6287
Feather River College
570 Golden Eagle Ave.
Quincy, CA. 95971
Ohio and Brigham Young University
also offer correspondence courses towards an AA/BA but at a higher cost.
Financial Aid Past Default on Loans should be directed to 1-800-433-3243 or 1-800-621-3115. Students should ask what their standing is and nothing more.
Many students have questioned the potential to be able to advance a career in specific fields/majors that require state licensure, registration with the state, or internships for units that necessitate clearance/background checks. We have found that each student should understand the "concern" when using ones criminal history against them. Depending on the type of credentials one is trying to pursue, each entity will look at the relevance of the crime in lieu of the career/licensure, (e.g. if you were convicted of manufacturing methamphetamine, applying for pharmacy school or becoming a pharmacy technician may not be the route to take), however we have come across state entities that have utilized one's juvenile record and were attempting to reject state licensure based on moral turpitude for having a criminal history in general. In order to combat this each student must be proactive in developing a healthy source of documentation on the contrary in order to detract from the legal distractions that do not have any relevance to the path contemplated and are used solely for the purposes of discouraging students from applying for a specific cause. We have successfully assisted students in receiving such state licensure but it indeed can be a battle, which can be overcome.
If you were convicted of possession or sale of a controlled substance while you were already receiving federal student aid, you will be ineligible to receive federal student aid for a specified period of time. [2911] This is true whether your conviction was a felony or a misdemeanor. The length of time you are ineligible depends on the type and number of convictions you have had for these offenses committed while you were receiving aid. The law differentiates between “possession of illegal drugs” and “sale of illegal drugs.” The table below lists the period of ineligibility by type of conviction, either possession or sale of a controlled substance and number of offenses: [2912]
|
OFFENSE |
POSSESSION OF ILLEGAL DRUGS |
SALE OF ILLEGAL DRUGS |
|
FIRST |
1 year of ineligibility from date of conviction |
2 years of ineligibility from date of conviction |
|
SECOND |
2 years of ineligibility from date of conviction |
Indefinite period of ineligibility * |
|
THREE OR MORE |
Indefinite period of ineligibility* |
Indefinite period of ineligibility * |
* An indefinite period of ineligibility continues unless your conviction is overturned or otherwise rendered invalid, or you meet one of the two early reinstatement requirements (see below).
The application for federal student aid asks whether you have been convicted of possession or sale of a controlled substance while receiving federal student aid. [2914] If you answer yes, or leave this question blank , you will be sent an additional worksheet that you must fill out. [2915] This worksheet will yield one of three results:
REMEMBER : Even if you are not currently eligible for federal student aid (either for part or all of the current school year), you can become eligible if you complete an acceptable drug rehabilitation program OR pass two random (unannounced) drug tests administered by an authorized program. [2917]
See next page.
If you fall in one of the categories below, you are considered an “eligible noncitizen.”
An award under this chapter does not guarantee admission to an institution of higher education or admission to a specific campus or program. 69433.9. To be eligible to receive a Cal Grant award under this chapter, a student shall be all of the following:
(a) A citizen of the United States, or an eligible noncitizen, as defined for purposes of financial aid programs under Title IV of the federal Higher Education Act of 1965 (20 U.S.C. Secs. 1070 et seq., as from time to time amended).
(b) In compliance with all applicable Selective Service registration requirements.
(c) Not incarcerated.
(d) Not in default on any student loan within the meaning of Section 69507.5.
(e)
(1) For purposes of Article 2 (commencing with Section 69434), Article 3 (commencing with Section 69435), and Article 4 (commencing with Section 69436), except as provided in subdivision (d) of Section 69436, at the time of high school graduation or its equivalent, be a resident of California.
(2) A student who does not meet the requirements for a high school diploma or its equivalent in the academic year immediately preceding the award year, but who meets the requirements for a high school diploma or its equivalent by December 31 of the academic year immediately following the date of application, satisfies any requirement for obtaining high school graduation or its equivalent for the purposes of this chapter as of the first day of the academic term immediately following the term in which the requirements for the high school diploma or its equivalent are met.
(3) No student shall receive an award for a term that begins prior to satisfying any requirement for obtaining high school graduation or its equivalent.
The Board of Governors Fee Waiver (BOGFW) waives your course enrollment fee if you are a California resident, and if one of the following conditions applies to you when you enroll:
To be eligible for a Board of Governors grant, a student must:
(a) Be a California resident; so long as a person qualifies for a military exception pursuant to Education Code section 68074 or section 68075, he or she shall be deemed a California resident for purposes of this section.
(b) Meet one of the following criteria:
(1) Income Standards.
(A) Be a single and independent student having no other dependents and whose total income in the prior year was equal to or less than 150% of the U.S. Department of Health and Human Services Poverty Guidelines for a family of one; or be a married, independent student having no dependents other than a spouse, whose total income of both student and spouse in the prior year was equal to or less than 150% of the U.S. Department of Health and Human Services Poverty Guidelines for a family of two.
(B) Be a student who is dependent in a family having a total income in the prior year equal to or less than 150% of the U.S. Department of Health and Human Services Poverty Guidelines for a family of that size, not including the student's income, but including the student in the family size.
(C) Provide documentation of taxable or untaxed income.
(D) Be a student who is married or a single head of household in a family having a total income in the prior year equal to or less than 150% of the U.S. Department of Health and Human Services Poverty Guidelines for a family of that size.
(E) Be an independent student whose Estimated Family Contribution as determined by federal methodology is equal to zero or a dependent student for whom the parent portion of the Estimated Family Contribution as determined by federal methodology is equal to or less than zero.
(F) For purposes of this subdivision, U.S. Department of Health and Human Services Poverty Guidelines used each year shall be the most recently published guidelines immediately preceding the academic year for which a fee waiver is requested.
(2) Current recipient of benefits described in Education Code section 76300(g).
(A) At the time of enrollment be a recipient of benefits under the Temporary Assistance for Needy Families (TANF) program. A dependent student whose parent(s) or guardian(s) are recipients of TANF shall be eligible if the TANF program grant includes a grant for the student or if the TANF grant is the sole source of income for the parent or guardian.
(B) At the time of enrollment be a recipient of benefits under the Supplemental Security Income (SSI) program. A dependent student whose parent(s) or guardian(s) are recipients of SSI shall be eligible if the SSI program grant is the sole source of income for the parent(s) or guardian(s).
(C) At the time of enrollment be a recipient of benefits under the General Assistance program.
(D) Provide documentation that the student if a recipient of benefits under one of the programs identified in Education Code section 76300(g) and (h) at the time of enrollment. Documentation sufficient to meet the requirements of this subdivision shall provide official evidence of these benefits.
(3) Need-Based Financial Aid Eligibility. Any student who has been determined financially eligible for federal and/or state needed-based financial aid.
Note: Authority cited: Sections 66700, 68044, 70901 and 76300, Education Code. Reference: Sections 68074, 68075 and 76300(g) and (h), Education Code; 20 USC Section 1070(a); and 34 CFR Section 674.12.
HISTORY
This database is current through 1/9/15 Register 2015, No. 2
5 CCR § 58620, 5 CA ADC § 58620
See next page.
In the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, you will first learn the importance of understanding your records—where that information exists in the world, and how to fix mistakes in your record early on in reentry. In the second part of the Chapter, you will learn that you may be able to “clean up” your criminal record through different kinds of “expungement” in California. Expungement helps to protect your criminal history information and keep it out of sight for certain people. In most cases, “cleaning up” your criminal record WON’T completely erase it, but it CAN make past convictions and other criminal history less visible to many, which has many benefits in different areas of your life, including applying to housing, jobs, and more.
DISCLAIMER – YOUR RESPONSIBILITY WHEN USING THIS GUIDE: When putting together the Roadmap to Reentry: A California Legal Guide , we did our best to give you useful and accurate information. However, the laws change frequently and are subject to differing interpretations. We do not always have the resources to make changes to this informational material every time the law changes. If you use information from the Roadmap to Reentry legal guide, it is your responsibility to make sure that the law has not changed and applies to your particular situation. If you are incarcerated, most of the materials you need should be available in your institution’s law library. The Roadmap to Reentry guide is not intending to give legal advice, but rather legal information. No attorney-client relationship is created by using any information in this guide. You should always consult your own attorney if you need legal advice specific to your situation.
UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORDS: TABLE OF CONTENTS
I. INTRODUCTION 921
II. Key Concepts for Understanding your Criminal Record & Fixing Errors—Early in Reentry 921
What is a criminal record? 921
Why is it important to understand my criminal record? 922
Types of Criminal Records 922
RAP Sheets 922
What is a RAP sheet and why is it important? 922
How many RAP sheets do I have? 922
Why is it helpful for me to see my RAP sheet? 923
Fixing Errors in RAP Sheets 923
What are common errors in RAP Sheets? 923
When can I fix the errors? 923
How can I fix errors in my California State (DOJ) RAP sheet? 924
How can I fix errors in my federal (FBI) RAP sheet? 924
Background Checks 925
What is a background check? 925
What information cannot show up in a private background check? 926
What information can show up in a background check? 927
Why is it helpful for me to see what’s in my background check? 927
What’s the difference between a RAP sheet and a background check? 928
Fixing Errors in Background Checks 928
How can I fix errors in my background check? 928
What are common errors in a background check? 928
What are some steps I can take to fix errors in my background check? 928
How do I know which background check company did my background check? 928
Arrest Warrants 929
What is an arrest warrant, and why is it important? 929
What type of warrants could be on my record? 929
How do I find out if I have an outstanding warrant? 930
How do I find out if I have an outstanding warrant in a federal case? 930
How do i find out if I have a parole warrant? 930
I found out I have an outstanding warrant. What can I do? 930
Credit Reports 930
What is a credit report? And what’s the difference between a RAP sheet and a credit report? 930
Will my credit report be included in my background check? 930
How do I get a copy of my credit report while I’m incarcerated? 931
III. Who Has Access to your criminal record & What They Can See 932
Who is legally allowed to see my RAP sheet? 932
Who is legally allowed to run a background check on me? 932
Is there any other way that someone can see my criminal history? 933
IV. GETTING COPIES OF YOUR CRIMINAL RECORDS 934
How do I get my California State (DOJ) RAP sheet? 934
How do I get my federal (FBI) RAP sheet? 934
How do I get my local (county) RAP sheet and criminal history information? 935
How do I get a copy of my background check? 935
V. CLEANING UP YOUR CRIMINAL RECORD—Later in Reentry 936
Why could it be helpful to “clean up” my criminal record? 936
If I am required to register with local law enforcement because of a sex, arson, or drug conviction, how will cleaning up my record affect my registration requirement? 936
What information will I need to clean up my record? 939
Why do I need this information for expungement? 939
Where do I get this information for expungement? 939
California “Expungement” of State Convictions 940
What is “expungement”(a dismissal) in California? 940
What does expungement do? 940
What does expungement not do? 941
Who can see my record—even if it is expunged? 942
Can a private employer find out about my expunged conviction? 942
What types of convictions can be expunged? 942
What types of convictions can’t be expunged? 943
Because I have a felony conviction, but never went to prison for it, can I get it expunged? 943
Because I have a felony conviction that was sentenced to county jail under Realignment instead of state prison, can i get it expunged? 943
What are the different types of expungement and what do they require? 944
CHART: Which type of expungement am I eligible for? 947
Getting Your Conviction “Expunged” 948
I believe I am eligible for a mandatory or discretionary expungement. How do I get one? 948
If my conviction is eligible to be expunged automatically, how does this happen? 948
Because I am still on probation and need to be off to have my conviction expunged, is there anything I can do to get off early? 949
What is the process for requesting an early release from probation so that i can pursue expungement? 949
Because I am still on Post-Release Community Supervision (PRCS), and need to be off to have my conviction expunged, is there anything I can do to get off early? 950
Reducing Felonies to Misdemeanors 951
Which felony convictions can be reduced to misdemeanors? 951
What is a “wobbler” and why is it important for expungement? 951
I want to get my felony “wobbler” expunged. What are the steps to getting it reduced to a misdeameanor so that it is then eligible for expungement? 952
Are there penalties that will still affect me even if my felony is reduced to a misdemeanor? 952
What is the process for getting a felony “wobbler” conviction reduced to a misdemeanor, and then expunged? 953
My conviction was for a felony and I was sentenced to state prison. What, if anthing, could I do to get it expunged? 953
Proposition 47: Reclassification and Resentencing Under the New Law 953
What is Proposition 47, and how could it help me? 953
What offenses does Prop. 47 reduce? 954
Who can get Prop. 47 relief? 954
Who cannot get Prop. 47 relief? 954
Who can get Prop. 47 remedies? 955
What does Prop. 47 not do? 955
How does Prop. 47 change a conviction on my criminal record? 956
Can Prop. 47 change the amount of court-ordered fines I owe? 956
How do I get my conviction reduced under Prop. 47? 956
If I get my felony reduced under Prop. 47, can I also get it expunged? 957
Proposition 64: California’s New “Adult Use of Marijuana” Law 959
What is Proposition 64? 959
How could Prop. 64 help me? 959
What offenses does Prop. 64 reduce or eliminate? 959
Who can get Prop. 64 relief? 960
Which marijuana-related offenses did not change under Prop. 64? 960
Can I be resentenced under Prop. 64? 960
How do I get resentenced under prop. 64? 961
Can I get a prior marijuana conviction reduced or removed under prop. 64? 961
What does Prop. 64 not do? 962
If I get my felony reduced under Prop. 64, can I then get it expunged? 962
What if I have a gun possession conviction, or other offense/enhancement that I would not have had without my felony marijuana conviction or sentence? 962
Does Prop. 64 impact my federal sentence? 962
Does Prop. 64 help with immigration consequences? 962
Can employers located in California still drug test me even though Prop. 64 passed? Can employers refuse to hire me or fire me for using marijuana? 962
Certificates of Rehabilitation 964
What is a Certificate of Rehabilitation and how could it help me? 964
Who can get a Certificate of Rehabilitation? 964
Who cannot get a Certificate of Rehabilitation? 965
What can’t a Certificate of Rehabilitation do for me? 965
When can I get a Certificate of Rehabilitation? 965
I’ve had a new conviction since my original offense? Can I still apply for a Certificate of Rehabilitation for the original offense? 966
How do I get a Certificate of Rehabilitation? 966
Governor’s Pardon 967
What is a Governor’s pardon? 967
Who can get a Governor’s pardon? 967
Who cannot get a governor’s pardon? 967
How could a Governor’s pardon help me? 968
How can’t a Governor’s pardon help me? 968
If I am eligible, how could I get a pardon? 968
If I am eligible, when could I apply for a pardon? 969
What is the process for getting a pardon? 969
How do I apply for a Traditional Pardon directly from the Governor (without a Certificate of Rehabilitation)? 970
Once I have applied for a pardon, what happens? 970
What happens if my pardon is granted? 971
What can I do if my pardon is denied? 971
Sealing California State Adult Arrest Records 972
What does it mean to have an arrest record “sealed” in California? 972
What arrest records can be sealed by the court? 972
Are there other legal requirements for getting an arrest record sealed? 972
When could I get my arrest record sealed? 973
What is the process for getting my arrest record sealed? 973
Can I seal an arrest or conviction that happened while I was a victim of human trafficking? 973
Sealing California State Juvenile Records 974
What could show up in my juvenile record? 974
Who can see my juvenile record? 974
Who can get their juvenile records sealed? 974
Who cannot get their juvenile record sealed? 975
What is the process for getting my juvenile record sealed? 975
Federal Expungements & Dismissals 976
What types of federal expungement are available, and how could they help me? 976
Who can get a federal expungement or dismissal? 976
I meet all of the requirements for federal expungement. What are my next steps for pursuing the expungement? 977
Can I get a Certificate of Rehabilitation for a federal conviction? 978
U.S. Presidential Pardons 979
Who can get a presidential pardon of a federal conviction? 979
How do I go about applying for a presidential pardon? 979
Understanding & Reducing the Immigration Consequence of Criminal Records 980
How much have deportations increased under President Trump’s administration? 980
How have U.S. immigration policies changed under President Trump? 980
What protections are available under California’s state laws and the local practices of “sanctuary” cities and counties in the state? 981
Do I have any options if I pled “guilty” or “no contest” in a criminal case if I didn’t know the immigration consequences of that decision? 981
Are there any other ways that I can clean up my record that might help me for immigration purposes? 982
As a person with a record, what resources are there to help me with my immigration questions? 984
VI. REGISTRATION REQUIREMENTS—SEX, ARSON, & DRUG OffenseS 985
How will cleaning up my record affect my registration requirement? 985
Sex Registration 985
Will the remedy remove my registration requirement? 985
Arson Registration 986
Will the remedy remove my registration requirement? 986
Drug Registration 986
Will the remedy remove my registration requirement? 986
VII. DNA EXPUNGEMENT 987
What is a DNA expungement? 987
California DNA Expungement 987
Who can get their DNA expunged from the California database? 987
How can I get my DNA expunged from the California database? 987
FBI (National) DNA Expungement 988
Who can get their DNA expunged from the national database? 988
VIII. Conclusion 988
EXPUNGEMENT APPENDIX 989
This UNDERSTANDING & CLEANING UP YOUR RECORD CHAPTER is broken up into the following subjects:
If you are recently released from prison or jail, or earlier in the reentry journey, the sections about key concepts in understanding you record and fixing errors, learning who can and cannot see your criminal record information, and how you can get copies are the most important early on.
If you are later in your reentry journey, cleaning up your record will become more important to you over time , as many of these “expungement” options are only available to people off supervision or those who are able by law to ask to get off supervision early.
This is one of the most important sections for people early in their reentry journey—to better understand your criminal record, learn how to fix errors, and be prepared for what others can and cannot find out about you and your record.
Your “criminal record” is the broad term we use to include ALL of the information created about any contact you’ve had with law enforcement, the courts, or another part of the criminal justice system. Your “criminal record” includes arrests, charges filed against you, convictions, pleas, acquittals, dismissals, sentences, and any other contact you have had with law enforcement and/or the criminal justice system that was documented (written down).
Here are some examples of how your contact with law enforcement or the criminal justice system can get documented. All of this information is considered part of your criminal record (but note that much of it may be PROTECTED from being seen):
IMPORTANT PROTECTIONS TO KNOW ABOUT: A lot of this information CANNOT be included in a regular background check. For more information about what information can and can’t be included in your background check, see PG. 927.
It’s important to know what will show up in your criminal records so that you can make sure it’s accurate, that information that shouldn’t be disclosed stays protected, and so that you can better prepare to deal with your record coming up when you’re trying to get a job, find housing, reunite with your family, apply for public benefits, or go back to school. Furthermore, California has laws that allow you to “clean up “some of your record LATER in the reentry process.
A RAP sheet (Record of Arrest and Prosecution) is the government’s official version of your criminal history, as recorded by local, state, and federal government agencies (such as courts, law enforcement, FBI, and other criminal justice agencies). It contains a list of every contact you have had with the criminal justice system, including: arrests, charges, convictions, acquittals, dismissals, pleas, sentences, and open warrants.
Your RAP sheet includes important information like the date of each arrest, which law enforcement agency arrested you, what offense(s) you were charged with, your case number (docket or indictment number), and—most important—the final outcome (disposition) of each case (for example, acquittal, conviction, plea bargain, sentence, or dismissal). [2918] It’s also important to look out for errors (learn about common ones on PG. 923).
If you’ve been arrested or convicted of a crime in California, you potentially have three different RAP sheets. [2919]
Looking at a RAP sheet can be confusing! RAP sheets have lots of numbers and abbreviations, so it’s not always clear what information it actually contains or if it is correct. To learn how to read and understand the information in your California RAP sheet, and to see a sample California RAP sheet, see APPENDIX CC, on PG. 1053. You can also ask a lawyer or a public defender to help you read and understand your RAP sheet.
See APPENDIX CC, on PG. 1053 for a sample RAP sheet.
IMPORTANT: Your RAP sheet is confidential! Unlike a background check , your official government RAP sheets are confidential . This means that most people — most employers, private landlords, and average Joes—CANNOT see your RAP sheets. Only certain people under certain circumstances can see your RAP sheet—this includes courts , law enforcement , government agencies , and special employers . [2922] Of course, YOU always have a right to see your own RAP sheet. (For a complete list of who can see your RAP sheet, see PG. 932.) BUT: Even though RAP sheets are confidential, some of the information in them will likely show up in background checks. That’s why it’s important to know what information is in your RAP sheet, and to correct any errors. For more information about correcting mistakes in your RAP sheet, see PG. 928. For more information on background checks and what information can and can’t show up in them, see PG. 925.
There are 4 main reasons why it’s important to see your RAP sheet and know exactly what it says:
For more information on how to get a copy of your RAP sheet, see PG. 934.
There are many different reasons why incorrect or incomplete information may show up in your government-produced RAP sheet. It’s very important to get copies of your RAP sheet (and background check, discussed on PG. 928)—so that you can find and correct any errors BEFORE they cause problems for you!
You can start to fix the errors right away! If you find incorrect or missing information in your criminal records, you can follow these steps to fix the errors! Don’t let errors stay on your record — they can hurt your chances of getting a job, a place to live, or government benefits, and they can disrupt many other areas of your life as well! And don’t wait until the errors show up on a background check that is seen by an employer, private landlord, creditor, or government agency—it’s much easier to clean up errors BEFORE they cause you any problems! Make sure your criminal record contains only correct and up-to-date information, so that wrong information does NOT get used against you.
Even though your DOJ RAP sheet is supposed to be the official record of your criminal history from California law enforcement agencies and the courts, it is likely to still contain errors. If you think that any piece of information contained in your state RAP sheet is incorrect, you must submit a formal challenge to the Department of Justice in order to dispute the information. However, you can only submit this formal challenge after you have requested and received a copy of your RAP sheet from the DOJ. [2923] Once the DOJ receives your challenge, it will review your claim and decide whether or not to correct the information in your RAP sheet.
EXAMPLE—Heading is Proxima Nova Light, ALL CAPS, size 11
CAPITALIZED
Font is in Proxima Nova size 8.5
WHAT DO I BRING?
Blahblah. blahblah
Blahblah. IMPORTANT: blahblah
Blah Blah blahblah
Blah Blah blahblah
For detailed instructions on each step of the process for correcting errors in your DOJ RAP sheet, see APPENDIX F, on PG. 998. If you have any other questions about getting or correcting your California RAP sheet, call the DOJ’s Record Review Unit at (916) 227-3835. (NOTE: This is an automated phone system that lists many DOJ-related issues. Follow the prompts that ask if you if you want to “verify or challenge the accuracy of your criminal history.”)
If you had a case in FEDERAL court, or if you’ve had any interaction with FEDERAL law enforcement, it will show up on your FBI RAP sheet. You will need to contact the federal agency that sent your information to the FBI in order to correct it.Examples of FEDERAL agencies and courts include: the FBI; the U.S. Attorney’s Office (federal prosecutor); U.S. district courts; and U.S. Offices of Probation and Pretrial Services (federal probation department).
Your FBI (federal) RAP sheet (also called your Identity History Summary) is the federal government’s official record of all of your interactions with law enforcement and the criminal justice system from anywhere in the United States, including any federal cases or convictions. The FBI gets your fingerprints and criminal history information from other criminal justice organizations throughout the U.S. This includes local police, county sheriff, and state highway patrol departments, statewide criminal justice agencies (such as the California Department of Justice), federal law enforcement agencies (such as the Drug Enforcement Administration and the FBI itself), and state and federal courts. In general, when you have any interaction with one of these agencies, they send your information to the FBI’s Criminal Justice Information Services (CJIS) Division.
The FBI can only change your information if the original agency or court (i.e., the one that sent the information to the FBI in the first place) tells the FBI to change it. [2925] If you think your FBI RAP sheet is inaccurate or incomplete, there are 2 ways to correct the information:
NOTE: Each entry on your FBI RAP sheet should list the specific agency that provided the information. This is how you can tell which agency sent the FBI the incorrect or incomplete information on your FBI RAP sheet.
Contact the California DOJ’s Bureau of Criminal Information and Analysis, and ask them to send the FBI corrected or updated information . [2926]
Contact the state Identification Bureau of the state where the agency or court is located, and ask them to send the FBI corrected or updated information. Contact information for the Identification Bureau of every U.S. state is available on the FBI’s website at: http://www.fbi.gov/about-us/cjis/identity-history-summary-checks/state-identification-bureau-listing .
Contact the specific federal agency that sent your information to the FBI, and ask them to send corrected or updated information. See APPENDIX G, PG. 1000 for additional details about each of these steps.
If you don’t know where the incomplete or incorrect information on your RAP sheet came from, you can contact the FBI directly to challenge it, and ask them to correct it. You will need to write a “challenge letter” explaining exactly what information is wrong and why, and send it to the FBI along with any proof you have to support your claim. (For a list of common RAP sheet errors, see PG. 923.)
The FBI will then investigate your claim. If the FBI decides that the information in your RAP sheet was wrong or incomplete, it will correct your RAP sheet and let you know. For a detailed explanation of both Option 1 and Option 2, see APPENDIX G, PG. 1000.
A background check is the process of looking up information about your past—such as your criminal history, work experience, education, debts, and other personal facts. They are usually done by private background check companies which often get requests for them from employers and landlords. There are special laws that protect your rights when someone gets a background check on you. Remember , a background check does NOT include your RAP sheet or your credit report, and there are strict limits on what criminal history information they can include.
IMPORTANT: IT IS EXTREMELY IMPORTANT TO REVIEW YOUR RAP SHEETS — both State and Federal-level — to make sure that all the information contained in them is ACCURATE, COMPLETE, AND UP-TO-DATE. Any errors on your RAP sheet can cause you serious problems in the future when you apply for a job, a professional license, housing, or a loan, or if you try to reconnect with your family, or if you get arrested or charged with a crime in the future. (To find out how to get a copy of your RAP sheet, see PG. 934. For more information on what to do if there are errors in your RAP sheet, see PG. 923.)
You’ve probably heard of someone running a “background check” on someone else. A background check is the process of looking up non-confidential information about someone’s past activities, including their criminal history, work experience, education, debts, etc. When someone runs a background check on you, they may research your history by looking up public records about you, running an internet search on you, and even interviewing people you know!
Most commonly, background checks are done by private companies that specialize in investigating people and compiling information about them. Employers, private landlords, creditors, and other people often hire these companies to run a background check on you when you apply for a job, rent an apartment, apply for a loan, or volunteer at your child’s school! (For more information about background checks in these different situations, see the EMPLOYMENT CHAPTER (PG. 551), HOUSING CHAPTER (PG. 328), and FAMILY & CHILDREN CHAPTER (PG. 707).
REMEMBER: Your RAP sheet itself is confidential and CANNOT be included in most background checks. BUT some of the information in your RAP sheet—like the record of certain criminal convictions—may be public information, so the information can show up on a regular background check. For example, court records are public information, so a background check company can go to the courthouse and look up your records to find out about convictions.
Background check laws protect you by making it illegal for private background check companies to include certain types of information in your background check report, and by creating penalties if they do.
Background check companies must follow specific rules when they include ANY negative or harmful information— including criminal history information —in a background check on you. Harmful information includes anything that could hurt your chances of getting a job, housing, insurance, or public benefits; cause you to have to pay more for housing, insurance, or public benefits; have ANY other negative impact on you. [2935]
* Confirming that public records are accurate:
Background check companies cannot include any public information (for example, information about arrests, convictions, civil actions, tax liens, and outstanding judgments) unless the company has been double-checked it for accuracy in the past 30 days. [2936] This means the company should check with the court, police, or other agency to find out the current status of any arrests, charges, indictments, convictions, judgments, etc. For example, if you were arrested but never charged, if your charges were dismissed or reduced, if you were acquitted (or convicted), or if there were any other changes to your case, the company must report the updated information. [2937]
** Confirming “testimonial information” when possible:
Read more about your rights regarding private background checks on PG. 565.
In the age of the Internet, there is a lot of information that could show up in your background check report. For example, it may contain information about:
Although anyone can look up public records or information on the Internet about you, there are special laws that limit WHO & WHEN someone can run a background check on you if they use a private (“commercial”) background check company. In general, the people who can run a private background check on you include: employers, private landlords, insurance companies, professional licensing agencies, creditors, anyone with a court order or subpoena, and anyone seeking child support payments from you. (For a list of who can legally run a background check on you, see PG. 932.)
In addition, there are laws that protect you by limiting the information that can show up in a private background check report, and give you the chance to correct any errors that show up. For a list of what information CAN & CANNOT be included in your private background check, see PG. 926-927.
There are several reasons why it’s important to find out what’s likely to come up in your background check:
REMEMBER, cleaning up your criminal record will reduce the information that most people can see about you when they run a background check!
|
RAP Sheet |
Background Check |
|
Based on official government records |
Based on investigation by a private company |
|
Lists every encounter with law enforcement, the courts, and the criminal justice system |
Contains only limited criminal history information |
|
Contains criminal history information only |
Includes criminal history information as well as other information about you |
|
Generally confidential (generally only law enforcement and courts) |
Can be seen by a variety of people (like public and private landlords and employers, banks, etc.) for many reasons — but not everything from your past can be reported. |
Even though background check companies are limited by law on what information they can report about you, and are required to confirm that the information is true and correct, it is still very common for background checks to contain errors.
You have the right to challenge any information in your background check, and to view the background check company’s files containing any information that was used to prepare your background check.
For a step-by-step explanation of this process, see APPENDIX H, on PG. 1002. [2940]
There are two ways to find out which background check company ran your report and how to contact them:
You have the right to know what internal procedures the background company uses to investigate your claim. You can ask the company for this information and they MUST provide it to you. [2943]
A NOTE ABOUT CHALLENGING INFORMATION IN YOUR BACKGROUND CHECK REPORT: Under the law, you have the right to challenge any information in your background check, and there is a specific process for doing it. However, in practice, it might not be as easy or straightforward, especially if the background check company is uncooperative or unresponsive. If you have trouble getting the company to review or change the wrong information in your file, it is recommended that you contact a lawyer for help.
An arrest warrant or simply a “warrant” is a legal order that gives police and law enforcement the authority to arrest you for various reasons: for example, because you missed a criminal court date or are suspected of a crime. If you have an outstanding warrant this means that the police can take you into custody at any time – including during a routine traffic stop, at your home, or when you appear in court for another reason. If you do not take care of the warrant, you may constantly worry about being unexpectedly arrested or taken to jail. This is why it is very important to figure out if you have any outstanding warrants before getting your criminal record expunged (learn more about expungements starting on PG. 934) An outstanding warrant could also impact other areas of your life, such as your ability to get public benefits, public housing, or a passport.
Below is a brief overview of different types of warrants that could show up on a record:
Arrest Warrant: An arrest warrant is issued after a grand jury or law enforcement officials have probable cause to suspect that you have committed a crime. Probable cause requires the knowledge of facts that would lead to a reasonable belief or strong suspicion that you committed a crime. [2944] A judge will issue an arrest warrant for you if the judge determines a crime has been committed and that “there is reasonable ground to believe” that you committed the crime. [2945]
Bench Warrant: A bench warrant is issued for failing to obey a court order, such as failing to appear for a court hearing or failing to answer a subpoena. A bench warrant can be issued for the following reasons:
A bench warrant gives police the authority to arrest you at any time, but usually doesn’t trigger immediate police action. When a bench warrant is issued against you, your name will go into a statewide computer system that is accessible to the entire law enforcement community. Please note that in serious criminal cases, a failure to appear will most likely cause the court to issue a “regular” arrest warrant; this means the police may immediately try to find and arrest you.
Parole Warrant : A parole warrant can be issued if you violate the terms of your parole, including failure to meet your parole agent. If a parole warrant has been issued against you and you're considered a potential threat to public safety, the California Parole Apprehension Team will be sent to find you.
Not all parole violations lead to revocation of parole. The California Department of Corrections and Rehabilitation has developed a Parole Violation Decision Making Instrument to help parole agents determine whether parole should be revoked or not. If the agent recommends that your parole should be revoked, a parole warrant can be issued.
If you are unsure whether you have an outstanding warrant, check your county courthouse website to see if it has a searchable public records section with information about outstanding warrants. You can search your name to see if the website has any warrants listed under that name. Please note that this option of searching a courthouse database for warrants may not be available.
You can also call the clerk of the court in your county. When you call the clerk of the court, ask if there is an outstanding warrant for “Person X” (your name) in a criminal or civil case. Have your name, birth date, and if possible, your case number and Social Security number, in hand. Avoid identifying yourself as the person for whom a warrant could have been issued.
If you do not feel comfortable calling the clerk of the court, you may also try calling your local public defender’s office to assist you.
If you want to know whether you have an outstanding warrant in a federal case, call the federal clerk of the court for your district. If you are uneasy about calling the clerk of the court yourself, you can have another person call for you.
Another option is to go to the courthouse and look up your name in its public records. If it’s possible, have another person do this for you, as you risk being taken into custody if you have an outstanding warrant.
You may have multiple outstanding warrants out for your arrest in different federal circuits. The clerk of the court for one circuit may not be able to tell you whether you have a warrant in another circuit. Consider working with a bail bondsman or an attorney to determine if you have multiple warrants.
Maintaining a positive relationship with your parole agent is key to staying out of jail or prison. If you have missed a meeting, you should immediately call your parole office and ask your parole agent for instructions.
You can reach the office for California's Northern Region at 916-255-2758 and the Southern Region office at 909-468-2300. These offices can then give you the phone number for your local parole office.
If you think a parole warrant has been issued against you, you can call the California Department of Corrections and Rehabilitation at 916-445-6713.
If you have an outstanding warrant, you have a few options. You can call the clerk of the court and find out whether you can take care of the warrant by simply paying a fine. Although you may also go to the court and take care of your warrant in person, contact a lawyer to determine whether you are at risk of being taken into custody when you identify yourself.
It may be best to have a lawyer take care of the warrant for you. The lawyer may be able to get your warrant “recalled” or “quashed,” meaning the warrant would be deemed invalid. If you don't take care of your warrant, you risk being taken into custody the next time you come in contact with the police, even during a routine traffic stop. Call a lawyer to make sure this doesn't happen to you.
In California, a credit report is different from a background check and is covered by a different set of laws. [2946] A credit report contains information about your money and finances—including debts you owe (such as unpaid bills, loans, or leases), your payment history for past bills and debts, and the status of your credit accounts. Your credit report does NOT include your criminal history or other personal information about you. For this reason, this legal guide does not go into detail about the laws governing credit reports.
Generally, no. Background check companies are NOT allowed to include your credit report in your regular background check, because not everyone who is allowed to see your background check is also allowed to see your credit report. When companies run your credit report, they must follow a separate set of rules that are specific to credit reports, which are not covered in this guide. The only time that your credit report and background check will be together is when someone who is ALLOWED to see both requests them together (for example, a landlord can request both at the same time, but most employers cannot see your credit report, just your criminal background check). [2947]
You must mail in a request for your free credit report to the following address:
Annual Credit Report Request Service
PO Box 105281
Atlanta, GA 30348
Include your full name, date of birth, Social Security Number and any addresses used in the last two years in a letter stating that you are requesting a free credit report. To find out how to obtain your Social Security Number, see PG. 37.
NOTE: When this guide refers to background checks or background check reports, it means information about your criminal history (and certain other personal information)—but NOT your credit report. For more information about your rights related to credit reports, here are some additional resources:
There are laws about who can and can’t get your RAP sheet or run a background check on you. This section will explain the different rules for accessing each type of criminal record.
MOST PEOPLE CANNOT SEE YOUR RAP SHEET. Your RAP sheet is protected and confidential because it is kept by law enforcement agencies. The only people who can see your RAP sheet are:
Unlike a RAP sheet, many more people (for housing, employments, bank loans, public benefits, etc.) can run a private background check on you, but it is still protected from showing everything in most cases. In California, state and federal laws [2953] allow background check companies to run background checks and send the information…
Basically, the main people who can—and are likely to—run a background check on you are employers, private landlords, insurance companies, licensing boards and agencies, and financial institutions.
REMEMBER, there are LIMITS on what information can be included in your background check. In general, cleaning up your record means that the information may no longer show up in the background checks that most people—like ordinary employers and private landlords—can get.
Yes. Because most criminal records and criminal case information is technically public, people in the general public could access on their own most legal paperwork filed in court or with a government agency. For example, anyone can go to the local courthouse, look up your criminal case and make copies of the documents in the court file.
But it is very unlikely that most people would go down to the courthouse to look you up for an apartment or job! Keep in mind that the information is likely scattered across hundreds of locations, so someone would really have to know exactly what they are looking for to actually find it. That’s why most people use professional background check companies to do the investigating for them—and that’s why these companies and the background checks they create are regulated by state and federal laws to protect you!
This section explains how you can get copies of your various types of criminal records. You will need the information from your criminal record(s) to figure out which options are best for cleaning them up, and to complete the steps to do so.
IMPORTANT: If there’s ANY possibility that you might have an outstanding warrant for your arrest—for ANY reason (including new charges against you or a failure to appear in court) from ANY county—it is recommended that you call the public defender or a private lawyer to check on your warrant status first, before trying to get your RAP sheet.
If you have arrests or convictions in California only , this is the only RAP sheet you will need. In order for the DOJ to release your RAP sheet, you are required to submit your fingerprints. Your fingerprints must be taken by a company called “Live Scan” (which has been specially approved by the DOJ and has locations all around California). You will also need to pay a $25 processing fee to the DOJ.
For a step-by-step explanation of how to get your DOJ RAP sheet, see APPENDIX A, on PG. 990.
Note: It can take up to 2 months (anywhere from 2 to 8 weeks) to get a copy of your DOJ RAP sheet, depending on how long your RAP sheet is (i.e., how much information it contains). [2956]
For more information, visit the Frequently Asked Questions section of the DOJ website at http://oag.ca.gov/fingerprints/security_faq .
If you have ever been arrested or had a conviction in another state, or for a federal offense, you will want to get a copy of your FBI (federal) RAP sheet (also called your “Identity History Summary.”
There are two ways to get a copy of your FBI RAP sheet:
NOTE: It is generally faster to go through an FBI Channeler, but it is likely to be more expensive because these companies usually charge extra fees.
Whether you request your RAP sheet directly from the FBI or go through a channeler, you will need to fill out the FBI’s “Applicant Information Form” and get fingerprinted by a Live Scan service provider. For a step-by-step explanation of how to get your FBI RAP sheet, see APPENDIX D, on PG. 996.
For more information about getting your RAP directly from the FBI, visit the FBI’s website at: http://www.fbi.gov/about-us/cjis/identity-history-summary-checks/faqs
For more information about getting your FBI RAP sheet through an FBI-approved channeler, see http://www.fbi.gov/about-us/cjis/identity-history-summary-checks/fbi-approved-channelers
The process for getting your local RAP sheet is different in each county. In some counties, you can get a complete RAP sheet that has ALL of your criminal history information from that county in one place, including all of your convictions, arrests, and any open warrants. In other counties, these records are kept separately (by different agencies), so you will need to go to several places and get separate records for all of your court cases (convictions), arrest records, and warrants.
You will need to contact the police department, sheriff’s department, courthouse, or Public Defender’s Office of the county where you were convicted for information on how to get your local RAP sheet.
Remember, your county RAP sheet and other records will ONLY show information for that county . If you’ve had any interaction with the police, courts, highway patrol, or any other law enforcement or criminal justice agencies in other counties, you should get your California (DOJ) RAP sheet to see all of your criminal history information.
The best way to find out what information might show up in your background check is to get your own background check done on yourself .
There are 2 ways to do this:
OPTION 1 : Pay a reputable background check company to run a report on you.
There are MANY private background check companies out there—you can search online for “background checks” or check your local Yellow Pages under “Investigators.” Beware, however, some background check companies are scams. Look up or call a few different companies to see what they offer and how much they charge. Avoid companies that seem to charge much more or much less than others.
OPTION 2: Request a background check report.
Under federal and state law, you are entitled to get a FREE copy of your background check once every 12 months from any background check company. [2957] To get a copy of your background check for free, you must confirm in writing that 1 of the following is true:
Send a letter to whichever background check company you choose stating that you fall into one of the above categories (and list which category), and that you would like to request your free background check.
Legitimate agencies should not hesitate when you ask for your free report and should offer to run it right away.
REMEMBER, your background check is different from your credit report, but you are entitled to both for free once every 12 months.
There are MANY different ways to clean up your criminal record. This section will explain all of the different options in California, along with the rules and process for each one.
In general, cleaning up your criminal record can reduce many of the damaging effects associated with having a criminal history:
Cleaning up your record will make it easier to rebuild your life, move forward, and maximize your opportunities for success in the future. The first step toward cleaning up your criminal record is understanding the different types of records you may have and the information that may be in them.
Like most other questions about cleaning your record, this will depend on the specific details of your situation, including the type of registration requirement you have, your conviction offense, and which of these “remedies” you use to clean up your record. Certain remedies can remove your registration requirement, while others will NOT affect your registration requirement at all, so you will still have to register. For more information about which “cleaning remedies” DO and DON’T affect your registration requirements, see PG. 985.
California offers these remedies to help you clean up your record…
Here is a basic overview of the different remedies available for cleaning up your record, and the rules for each type of remedy. For more information about each of these remedies, turn to the page number listed in the chart.
|
CLEANING UP YOUR RECORD—DIFFERENT REMEDIES |
|||
|
“CLEANING” REMEDY |
AM I ELIGIBLE? |
WHEN? |
EFFECT |
|
Fixing errors in your criminal record (PG. 936) |
YES! Anyone can fix errors in their record. |
ANYTIME |
Your criminal record will not contain wrong, incomplete, or missing information |
|
California Expungement (“dismissal”) (PG. 940) |
You may be eligible if You did NOT spend any time in prison for the offense; You are OFF probation, or other supervision; AND You are NOT currently charged with, serving a sentence for, or on probation/parole/ supervision for another offense. Note: Certain convictions are NEVER eligible for expungement (technically called a “dismissal”). |
> You must be OFF probation or other supervision > Certain convictions require you to wait 1 or 2 years before you can apply for an expungement (Note: If you are still on probation, you may be able to get released early, so that you can apply for expungement — see PG. 949.) |
> Most private employers, private landlords, insurance companies, creditors, and other people will NOT be able to see an expunged conviction if they run a background check on you. > Most private employers CANNOT ask about or consider a conviction that has been expunged. |
|
Reducing felony conviction to a misdemeanor under Cal. Penal Code § 17(b)
|
You may be eligible if: Your conviction was for a felony “wobbler”, AND You were NOT sentenced to state prison; You were NOT sentenced to county jail under CA’s Realignment laws; AND You were sentenced to PROBATION. |
You can apply anytime, but you will have a much better chance if you wait until you are half-way through or done with your probation term. |
> You can say that you were never convicted of the felony > Restores your rights to vote and sit on a jury > May restore your gun rights > Removes many legal barriers to getting professional licenses and jobs |
|
Prop. 47:
Reclassifying and/or resentencing felony conviction
|
You are eligible if your conviction is for one of the covered offenses (see list PG. 954), AND you do NOT have a conviction for a “super strike” felony , and you are NOT required to register as a sex-offender . |
ASAP!—You MUST apply before November 2022. |
> Reduces your current sentence or term of supervision > Offers immediate release if you have already served your reduced sentence > Changes your conviction to a misdemeanor > Removes legal barriers and restores most rights lost due to felony conviction |
|
Prop. 64: Reclassifying and/or resentencing certain felony marijuana convictions to misdemeanors, infractions or getting them dismissed (PG. 959) |
You are eligible if your conviction is for one of the covered offenses (see list PG. 959). Unlike Prop. 47, you are not automatically disqualified if you have a conviction for a “super strike” felony or are required to register as a sex-offender under Cal. Pen. Code section 290(c), but the trial court may impose higher punishment under those circumstances. |
ANYTIME |
> Legalizes certain marijuana offenses related to personal use where the individual is 21 or older > Reduces the penalties for certain marijuana offenses to wobblers, misdemeanors, or infractions > Restores all civil rights denied due to a felony conviction where sentence is recalled > May be relieved of duty to register |
|
Certificate of Rehabilitation (PG. 964) |
You may be eligible if > You were convicted of felony and you served a state prison sentence for it OR You were convicted of a felony or misdemeanor sex offense, AND your conviction was expunged, AND have not been incarcerated since then, AND are not on formal probation AND > Lived in California for last 5 years Note: You are NOT eligible if you have a conviction for certain serious sex offenses; were sentenced to death penalty; have mandatory lifetime probation; are in the military; or no longer live in California. |
> You must be OFF probation, parole, or PRCS > You must complete 7-10 year waiting (“rehabilitation”) period, based on conviction offense [Note: You can request a COR before the end of your waiting period, but it must be “in the interests of justice” to grant it early.] |
> Serves as official proof of your rehabilitation > May remove sex offender registration requirement > Serves as automatic application for governor’s pardon |
|
Governor’s Pardon (PG. 967) |
> You were convicted of felony or misdemeanor sex offense; AND > Your conviction is from California. |
> If you get a COR, you are automatically applied for a pardon. > If no COR, 10-year waiting period for direct application. > May be recommended for pardon by BPH while incarcerated. |
> May restore your gun rights. > Restores your right to vote and sit on a jury. > Removes sex offender registration requirement. > Allows you to work as parole agent or probation officer. > Restores your right to hold public office. |
|
Sealing adult arrest records (PG. 972) |
You may be eligible if > You were arrested as adult; > Your arrest did NOT lead to a conviction; > You have NO other convictions connected to the arrest; AND > You are found factually innocent of the charges. |
You must apply within 2 years after you are arrest or charged. [Note: You may apply later, but you must show good reason for not applying earlier.] |
> All records related to arrest and criminal proceedings are sealed and destroyed. > It’s as if the arrest and prosecution never occurred. |
|
Sealing juvenile records (PG. 974) |
You may be eligible if > You are over 18, OR it has been 5 years since your last arrest or probation discharge; > No adult convictions for felony or misdemeanor of “moral turpitude”; > Case started and ended in juvenile court; AND > NO open civil lawsuit from juvenile offense. [Note: You are NOT eligible if juvenile adjudication was for certain violent offenses AND you were over 14 at time of offense.] |
> As soon as you are over 18; OR >5 years after your last arrest or discharge from probation. |
> All court, law enforcement, and other records are sealed and destroyed. > It’s as if the juvenile case never occurred. |
|
Federal expungement or dismissal (PG. 976) |
You may be eligible if > You were convicted of “simple” possession of drugs under federal law; > You were in possession of a drug covered by the statute; > You were only convicted of one drug-related offense (state or federal); > You successfully completed probation with NO violations. |
As soon as you complete probation. |
> Under 21 at time of offense - ALL records of conviction, arrest, and criminal proceedings are destroyed as if it never happened; > Over 21 at time of offense – All records of conviction, arrest, and criminal proceedings are sealed (but not destroyed). |
|
Presidential pardon (PG. 979) |
>You were convicted of a federal offense; You have completed your sentence (including any parole or probation term). |
5 years from the date of your release (or from the date of your conviction if you were never incarcerated). |
> Restores any civil rights lost due to federal conviction, including gun rights; > Does not restore rights lost due to state convictions. |
Be prepared to show support for your clean record!
For almost every type of “cleaning” remedy, you will need to convince a judge (or sometimes the Governor or President) of why you deserve the remedy you are asking for. When you ask to have your record cleaned up (usually by filing papers in court or with the government), you will want to make sure that the judge (or Governor) has all possible materials that support your request , such as letters of support, school transcripts, awards, certificates of achievement, and diplomas.
This is a general list of the information you will need to have for EVERY entry in your criminal record: [2959]
You will need this information for two reasons:
The best way to get this information is from your RAP sheet. You will need the RAP sheet that has information on ALL of your convictions.
Choose the RAP sheet that has information on ALL of your cases:
You may also be able to get information on a case from the following sources:
Now that you have your criminal records and you know what’s in them, you are ready to begin cleaning them up!
An expungement of a state conviction (also called a “dismissal”) is a way of cleaning up your record that limits the information that shows up in a background check [2961] and can relieve you of some of the consequences associated with your conviction. WHAT EXPUNGEMENT DOES:
WHAT CONVICTIONS CAN BE EXPUNGED?
HOW DO I GET AN EXPUNGEMENT?
Expungement (also called dismissal) is a way to clean up your record , by limiting the criminal history information that certain people can see in your background check [2962] and relieves you of some of the consequences associated with your conviction.
An expungement is also called a “dismissal” because your case is actually reopened by the court, the “finding of guilt” (your guilty or no contest plea, or guilty verdict) is withdrawn, and a plea of not guilty is entered. The court will then dismiss your case, and your record will be changed to show a dismissal (under Cal. Penal Code § 1203.4) rather than a conviction.
Getting your conviction expunged hides the conviction from certain people when they run a background check on you. For example, most private employers are NOT allowed to see a conviction that has been expunged. [2963] Additionally, most private employers CANNOT ask you about, or even consider, a conviction that has been expunged when you apply for a job. [2964] For information on how to get a conviction expunged, see PG. 948.
IMPORTANT: Expungement does NOT erase the offense from your criminal record or RAP sheet. But it DOES change your record to show the conviction was dismissed. [2965]
IMPORTANT “BAN THE BOX” LAWS: Several California cities and counties have passed “Ban the Box” laws that bar employers from asking about convictions on a job application. If you apply for a job in a location with a “Ban the Box” law, the application should not ask about any convictions. For more information on Ban the Box laws, see the EMPLOYMENT CHAPTER, on PG. 565.
IMPORTANT: If you are a non-citizen and you have been convicted of a DUI offense, getting your conviction expunged might have immigration benefits for you. It’s recommended that you contact a lawyer immediately if you have a DUI and you are a non-citizen. See the new section on immigration consequences of criminal records starting on PG. 980, which includes a list of legal aid resources.
Anyone with access to your RAP sheet will still see your expunged convictions (see SIDE BOX). This includes law enforcement agencies, courts, licensing boards , and certain employers . You must disclose expunged convictions if you are applying for a job in certain fields such as law enforcement , [2981] healthcare , [2982] or banking , [2983] or if you want to apply for a professional or occupational license of any kind. [2984] Public Housing Authorities (PHAs), which run many government-assisted housing programs can also consider convictions that have been expunged.
Maybe . There are two ways that a private employer might find out about your expunged conviction:
Under the law, only certain types of convictions can be expunged. Generally, the following types of convictions qualify for expungement (a dismissal):
AND
This means that as long as you were sentenced only to pay a fine, serve a term of probation, OR serve time in county jail—even for a felony “wobbler”—your conviction may be eligible for expungement.
IN ADDITION, you must meet the following requirements for your conviction to be eligible for expungement. In general, these requirements are:
PLEASE NOTE : Certain convictions are NEVER eligible for expungement (see the next question). Also, if you are at least half-way through probation, you may be able to request to get off early. Learn more on PG. 195.
For information more information about the types of California expungement , see PG. 944.
IMPORTANT: You must be OFF PROBATION or any other form of supervision to be eligible for expungement! [2987] If you are still on probation and want to get your conviction expunged, you must first ask a judge to grant you early release (“early discharge”) from probation BEFORE requesting an expungement. For more information on requesting early release from probation, see PG. 949.
Some convictions are NEVER ELIGIBLE for expungement. They are:
You can find out if your conviction is a wobbler by checking the California Penal Code section reported on your RAP sheet. If the code states that the crime is punishable either a fine, time in the county jail, time in state prison, or any combination of these, your offense is considered a wobbler.
Maybe. If you were convicted of a felony, but you were NOT sentenced to serve a state prison term, your offense is called a “wobbler.” A wobbler is an offense that can be charged as either a misdemeanor or a felony, so the offense “wobbles” between the two offense categories. If you were convicted of a felony wobbler AND you were NOT sentenced to a state prison term, your offense is probably eligible for expungement.
“Wobblers” are eligible for expungement if: [2989]
If you meet the above requirements, your felony should be eligible for expungement.
Maybe. If you were convicted of a felony and sentenced to county jail instead of state prison (called a “ County Jail Felony ”) under California’s Realignment Act, [2990] you may be eligible for expungement under California’s newest expungement law. [2991] This law is specifically intended for people who were sentenced under Realignment.
To be eligible for expungement of your Realignment felony, you must:
Under California’s Realignment Act, people who are sentenced to county jail instead of prison for felony convictions, can be sentenced in two ways:
Additionally, BEFORE you can get your conviction expunged, you must wait a certain amount of time after completing your sentence:
Finally, expungement under this statute is entirely discretionary, meaning it is up to the judge to decide whether or not your conviction should be expunged. For this reason, you should be prepared to bring any evidence you can to show the judge that you deserve to have your conviction expunged . (For more information on discretionary expungements, see PG. 945.)
IMPORTANT: What an expungement will NOT do. Even if you have your Realignment “AB 109” felony expunged:
There are 2 types of expungements: Mandatory and Discretionary .
If your conviction is eligible for expungement AND you meet certain additional requirements, the law says that the judge MUST dismiss your conviction. There are two situations where you can get MANDATORY expungement of your conviction: [2997]
SITUATION #1 — If you received PROBATION:
Your conviction MUST be expunged if ALL 4 of the following apply to you: [2998]
IMPORTANT LEGAL UPDATE: Please note—it used to be unclear whether or not you were required to pay off victim restitution to get a mandatory expungement of an eligible conviction, but a recent California court case decided that a person who has the right to a mandatory expungement of a conviction under California Penal Code § 1203.4 CANNOT be denied the dismissal just because he or she still owes victim restitution. [3000] This means that if you owe victim restitution, you would still have the RIGHT to a mandatory dismissal of the conviction if all of the other above requirements are met.
SITUATION #2 — If you did NOT receive PROBATION:
Your conviction MUST be expunged if ALL of the following apply to you: [3001]
If you meet the requirements for either of the two situations above, your conviction should be eligible for MANDATORY expungement.
If your conviction is eligible for expungement, but you do NOT meet the requirements for a mandatory expungement, you may still get a DISCRETIONARY expungement for your conviction—but it will be up to the judge to decide whether or not to grant it.
The judge MAY expunge your conviction if your meet these 3 requirements: [3003]
(1) You were convicted of an infraction, misdemeanor, or felony “wobbler”;
AND
(2) (2a or 2b or 2c must apply…)
(2a) You received probation, AND you did NOT complete all the conditions of probation (for example, if you violated conditions of your probation—though just not paying victim’s restitution isn’t enough to deny a mandatory expungement anymore [3004] ); AND you did NOT get an early release from probation; [3005] OR
(2b) You received probation for a conviction of any offense listed in California Vehicle Code sections 12810(a) to (e) (certain serious traffic violations) [3006] ; OR
(2c) You did NOT receive probation AND you did NOT complete all the requirements of your sentence; AND 1 year has passed since your conviction. [3007]
AND
(3) You are NOT currently charged with, under supervision for, or serving a sentence for any other offense.
IMPORTANT: Restitution Payments & Discretionary Expungement.Although the judge is allowed to grant you a discretionary expungement if you still owe restitution, fines, or other payments ordered by the court, [3008] it can be much more difficult to get your conviction expunged if you have not made these payments (especially victim restitution). The judge will probably want to see that at least you have been making efforts to pay your debts, even if you still owe money. For more information on paying restitution, fines, and other fees, see the COURT-ORDERED DEBT CHAPTER, beginning on PG. 650. It’s also good to contact lawyer to get advice on your individual case, since restitution is different for every case. See the list of legal aid providers to find a lawyer who may be able to help you on PG. 1075.
In order to grant a discretionary dismissal, the judge must find that is “ in the interests of justice ” to do so. [3009] This means you will need to show a very convincing reason why you deserve to have your conviction expunged. You should give the court as much helpful information as possible (including evidence of rehabilitation) to persuade the judge to decide in your favor!
In a handful of limited cases involving certain types of drug convictions, your record will be cleared automatically , and you will not have to go through any special court process to get an expungement. This happens in 2 situations:
For more information about automatically cleaning your record in these 2 situations, see PG. 948.
Remember, you are NOT eligible for expungement if you spent time in STATE PRISON for your conviction, or if your conviction is for any of the offenses that are NEVER eligible for expungement (see PG. 943).
|
Requirement |
MANDATORY (Situation 1—Probation) |
MANDATORY (Situation 2—NO probation) |
DISCRETIONARY |
DISCRETIONARY (Realignment Felony) |
|
Here is a list of requirements that you must meet for each type of expungement: |
||||
|
What type of conviction did you have? |
Misdemeanor or felony “wobbler” (But NOT for an offense that is never eligible) |
Infraction or misdemeanor |
Infraction, misdemeanor, or felony “wobbler”—including violations of Vehicle Code § 12810(a)-(e) (serious traffic violations) (But NOT for other offenses that are never eligible.) |
Realignment felony (county jail felony) |
|
Did your sentence include probation? |
YES |
NO |
YES |
(does not matter) |
|
Did you successfully complete ALL probation and/or sentencing requirements (including fine payments)? [3010] |
If you were discharged at end of your probation term (not early)—YES If you were discharged early from probation—NO |
YES |
NO (and you did NOT receive early discharge) |
YES |
|
NOT currently serving another sentence, on probation/parole, or charged with another offense |
YES |
YES |
YES |
YES |
|
How much time has passed since your conviction? |
(no waiting period) |
1 year |
(no waiting period) |
* 1 year if split sentence * 2 years if straight sentence |
The following information will guide you through the general process of requesting an expungement in California, but it is always a good idea to get a lawyer’s help to make sure you get the best results. There are many expungement clinics across the state that offer free services and advice. For a list of expungement clinics and legal aid organizations that offer expungement services, see PG. 1075.
A NOTE ABOUT COURT FEES: Be aware that the court will charge you fees for filing documents with the court. The amount of the fees will vary by county. If you cannot afford to pay the fees, you can request a fee waiver (meaning you may not have to pay the fees). Ask the clerk how much the fees are and how to request a fee waiver.
In most cases, you will need to file papers in court and ask a judge to expunge your conviction. This process is called filing a Petition for Dismissal , and is basically the same for both mandatory and discretionary expungements, with a few small differences. You will need to file the proper forms in the court where you were convicted, and you may have a hearing in front of a judge (especially if you are requesting a discretionary expungement). For a detailed explanation of each step, see APPENDIX K, on PG. 1006.
IMPORTANT: If you have convictions from multiple cases, you will need to file a separate petition for each case .
Under the law, certain drug convictions will be expunged from your record automatically , without you having to file a petition in court. This happens in the following 2 situations:
NOTE: As of January 1, 2011, simple possession of marijuana is no longer a misdemeanor offense; it is now only an infraction. [3013] Although minor marijuana infractions are supposed to be erased automatically just like other minor marijuana (misdemeanor) convictions, in practice, this doesn’t always happen! If you find that your marijuana infraction has NOT been erased from your record, you will need to contact the court clerk at the court that handled your case and ask him or her to (1) correct your criminal record and (2) destroy all arrest and conviction records from your case.
Yes. Under California law, you can ask the judge to release you early from your probation term (called “ early discharge ”). [3014] Although courts often sentence people to several years on probation (for example, 3-4 years for a misdemeanor), many people are able to complete all of their probation requirements (all of the things the court has ordered them to do—such as attend counseling or pay restitution) long before their time is up. For this reason, courts are often willing to release people early from their probation. For more information about probation terms and conditions, see the PAROLE & PROBATION CHAPTER, on PG. 125.
You can request early release from probation whether you are on informal probation (also called court probation ), formal probation, or mandatory supervision . The process is the same for all three. [3015] However. early release from supervision in order to get your conviction expunged ONLY applies if you are on informal or formal PROBATION or Mandatory Supervision. It does NOT apply if you are on parole or PRCS. Although you CAN get off parole and PRCS early, you still CANNOT get your conviction expunged because you will have served a prison sentence for it.
For more information about the difference between formal and informal probation, PRCS, and parole, see the PAROLE & PROBATION CHAPTER, on PG. 125. For more information about getting released early from PRCS, see PG. 950, or see also the PAROLE & PROBATION CHAPTER, on PG. 125.
Remember, it is recommended that ask a lawyer to help you with your Motion for Early Termination forms. But if you cannot get a lawyer or want to do it on your own, you can find helpful information on the California Courts website:
To request early release from probation, you will need to file a Motion for Early Termination of Probation in the court where you were convicted. Because this process requires drafting a formal court pleading with accompanying documents, we recommend that you ask a lawyer for help. Ideally, you should contact the lawyer who represented you when you were sentenced, but any private criminal defense lawyer or Public Defender should be able to help you.
Requesting an early release from probation will involve filing a Motion for Early Termination of Probation. You will have a hearing where you will need to convince the judge that you deserve to be discharged from your probation term early.
For complete details on each step of the process for requesting an early release from probation, see APPENDIX P, on PG. 1013.
For more information about probation conditions and requirements, see the PAROLE & PROBATION CHAPTER, on PG. 125. For more information about paying court-ordered restitution and fines, see the COURT-ORDERED DEBT CHAPTER, on PG. 650.
For this reason, you should make every effort to look for a job, volunteer, or go back to school, and you should emphasize these efforts and accomplishments in your Motion for Early Termination . For more information on finding work and getting a job, see the EMPLOYMENT CHAPTER, on PG. 551. For more information on educational opportunities, see the EDUCATION CHAPTER, on PG. 823.
Yes. Under the Realignment law, the maximum amount of time that you can be on Post-Release Community Supervision is 3 years (not including any time that your PRCS was revoked or suspended). [3025] However, you can be released early in 2 situations:
Generally, early release from probation and expungement of the underlying conviction go hand in hand. In many counties, these two legal processes will happen at the same court appearance , one after the other. You or your lawyer will file both a Motion for Early Termination of Probation (see APPENDIX P, on PG. 1013) and a Petition for Dismissal ( see APPENDIX K, on PG. 1006). If the judge grants your Early Release from Probation motion, he or she will probably grant your Dismissal Petition also (as long as you meet all the other expungement requirements), so you could be off probation AND have your conviction expunged by the end of the day!
Certain felony convictions can be reduced to misdemeanors on your record. You can do this as part of getting the conviction expunged, or you may be able to do it separately, even if you DON’T get the conviction expunged.
Whether or not you get the conviction expunged, reducing your felony to a misdemeanor will help you to clean up your record, and has other benefits, including:
This section explains the benefits of having your felony conviction reduced to a misdemeanor, what penalties may still affect you afterward, and the steps for getting your felony conviction reduced to a misdemeanor.
If you were convicted of a felony, your conviction can be reduced to a misdemeanor if ALL of the following apply:
You were NOT sentenced to state prison [3032] OR county jail instead of state prison under California’s Realignment Act [3033] (in other words, your felony was a “wobbler” offense); AND
You were sentenced to PROBATION. [3034]
NOTE THAT CERTAIN OFFENSES, referred to as “straight felonies,” can NEVER be reduced to misdemeanors. These “straight felonies” can only ever be charged and sentenced as felonies. [3035]
If you were convicted of a felony, but were NOT sentenced to a state prison term (or county jail under California’s Realignment Act), your offense is called a “wobbler.” A wobbler is an offense that can be charged as either a misdemeanor or a felony, so the offense “wobbles” between the two offense categories. You can find out if your conviction is a wobbler by reading the California Penal Code section that is listed on your RAP sheet. If it says that the offense is punishable by a fine or time in the county jail (misdemeanor sentences) OR time in state prison or “imprisonment pursuant to subdivision (h) of Section 1170” [3036] (felony sentence), your offense is considered a wobbler. [3037]
Remember, felony “wobblers” are eligible for reduction and ultimately expungement if: [3038]
For more information on expunging a felony “wobbler” conviction, see PG. 943.
Although the law does not require you to be off probation, you will have a better chance of getting your conviction reduced if you have successfully completed probation first. For information on how to get off probation early, see PG. 949.
IMPORTANT: Felonies that CANNOT be reduced to misdemeanors. If you were sentenced to state prison OR sentenced to county jail for a straight felony under Realignment—even if the judge suspended your sentence so you never spent any time in custody—your conviction is NOT eligible to be reduced to a misdemeanor. [3039]
However, if you never spent any time in prison and you were not sentenced to county jail instead of prison because of Realignment, you may still qualify to have your felony conviction expunged (see PG. 943). [3040]
Having a felony conviction on your record (even after the conviction has been expunged) can be much more damaging than having only a misdemeanor. Reducing your felony “wobbler” conviction to a misdemeanor, whether or not you have it expunged, changes your criminal record so that—going forward—you no longer have a felony conviction on your record. [3041]
Here are the benefits of reducing your felony “wobbler” to a misdemeanor:
IMPORTANT: FELONY REDUCTIONS & IMMIGRATION ISSUES: As of January 1, 2015, the maximum jail time that a person can be sentenced to for a misdemeanor is 364 days—one day short of a full calendar year. This is important if you are at risk of being deported because of a felony conviction, and your conviction can be reclassified or resentenced as a misdemeanor under Prop. 47. When you get your felony conviction reclassified or resentenced, it is recommended that you ask the judge to say on the record that the maximum sentence for your conviction is now 364 days. This might help you avoid certain negative immigration consequences that are tied to a sentence of 365 days or more. [3046] See PG. 980 for a discussion of the immigration consequences of a criminal conviction and some record cleaning options.
Yes. Unfortunately, reducing your felony conviction to a misdemeanor doesn’t get you completely off the felony hook. Some penalties will carry over and continue to affect you, even after your felony conviction is reduced to a misdemeanor. These include:
Also, please note that getting your felony conviction reduced to a misdemeanor under Penal Code section 17(b) does NOT give you any legal rights to be compensated for any time that you served that is more than what you could have been sentenced to if you had been convicted of a misdemeanor originally.
If you want to reduce your felony conviction to a misdemeanor AND get your conviction expunged, it is generally very easy to do both at the same time! In fact, the Petition for Dismissal (Form CR—180) that you must file to get your conviction expunged has a box that you can check to say that your conviction is also eligible to be reduced and to request it.
Then, when you have your court hearing for your expungement, the judge will consider both requests—first your request to reduce the conviction to a misdemeanor, and then your request to have it expunged. If you meet all the requirements, the judge usually will grant both of your requests together. (For a list of the requirements for reducing a felony to a misdemeanor, see PG. 951. For a list of requirements to get your conviction expunged, see PG. 942.) For more details on how to get your felony conviction reduced to a misdemeanor, see APPENDIX R, on PG. 1022.
If the judge does NOT reduce your felony to a misdemeanor, or if your felony is only eligible for reduction but not expungement, you may need to file a separate petition to get it reduced. It is recommended that you ask a lawyer to help you with this. For more information about filing a separate petition to ask for your felony conviction to be reduced, see APPENDIX R, on PG. 1022.
Unfortunately, if you were sentenced to state prison, or spent any time in a CDCR facility (including a prison camp or hospital) for your conviction (for any reason), your conviction does NOT qualify for expungement OR for reduction to a misdemeanor. [3051]
BUT, your conviction may still be eligible for Reclassification or Resentencing under Proposition 47, or you may be eligible for a Certificate of Rehabilitation and/or a Governor’s Pardon. (For information on Reclassification and Resentencing under Proposition 47, see PG. 953. For information on Certificates of Rehabilitation, see PG. 964. For information on Governor’s Pardons, see PG. 967.)
Proposition 47 (“Prop. 47”) was a law passed by California voters and became effective in November of 2014. Prop. 47 changed state law so that certain non-violent offenses that previously could be charged as felonies or “wobblers” (either a felony or misdemeanor) can now only be charged as straight misdemeanors . [3052] Prop. 47 is retroactive, which means it also applies to past convictions , so you may be able to get your past felony convictions changed to misdemeanors if they meet the legal requirements! If you are still serving a sentence for a conviction that qualifies for Prop. 47, you may be able to get your sentence reduced. Contact your public defender/defense attorney for assistance. Keep reading this section to learn more about the benefits and limitations of Prop. 47!
IMPORTANT UPDATE: The deadline to file Prop. 47 applications has been extended to November 4, 2022! Spread the word.
So long as you were not convicted of an offense listed on PG. 954 ( see question: “WHO CANNOT GET PROP. 47 RELIEF?”), Prop. 47 generally helps to reduce the following offenses (past, current, and future):
If you were or are charged with one of these offenses on or after November 9, 2014 , it can be charged only as a misdemeanor—NOT as a felony.
If were convicted of a felony for one of these offenses on or before November 8, 2014 , you may be able to ask a superior court judge to reduce it to a misdemeanor under Prop. 47 (a process called “ reclassification ” where you must petition the superior court).
If you are currently serving a felony sentence in prison or jail, or are under supervision on probation, post-release community service (PRCS), or state parole for an offense that you were convicted of on or after November 9, 2014 , you may be able to get your sentence reduced to a misdemeanor sentence (a process called “ resentencing ” where you must petition the superior court – see more on PG. 956).
You can petition a superior court for Prop. 47 relief if you were ever convicted of a felony for an offense listed in the previous question ( see question: WHAT OFFENSES DOES PROP. 47 REDUCE?), AND you do not have a disqualifying offense listed below ( see question: “WHO CANNOT GET PROP. 47 RELIEF?”).
A California Court of Appeal also decided that Prop. 47 applies equally to juveniles with offenses covered by Prop. 47. [3053] This means that both juveniles AND adults can get qualifying felonies reduced under Prop. 47.
PLEASE NOTE: This information is meant to help you figure out whether you may qualify, but it is always better to have the help of a lawyer to make sure the entire Prop. 47 process is completed accurately, and so that you can be screened for any other possible options for reducing the severity or impact of your criminal record. You can call your local Public Defender’s office for more information about the Prop. 47 process in your county!
IMPORTANT: Your conviction will NOT qualify for Prop. 47 if you also have a conviction for certain serious felony offenses. Below is a list of offenses that will disqualify you from using Prop. 47 to get your felony conviction reduced to a misdemeanor.
Unfortunately, you CANNOT use Prop. 47 to clean up your record if you have also been convicted of any of the following offenses:
Prop. 47 can reduce prior felony convictions to misdemeanors ( reclassification ) AND can reduce any felony sentence that you’re currently serving to a misdemeanor sentence ( resentencing ).
If you were convicted of one of the offenses covered by Prop. 47 (see PG. 954), and you don’t have any of the disqualifying convictions on your record, here’s what the change in law could do for you:
IMPORTANT: FELONY REDUCTIONS & IMMIGRATION ISSUES:As of January 1, 2015, the maximum jail time that a person can be sentenced to for a misdemeanor is 364 days—one day short of a full calendar year. This is important if you are at risk of being deported because of a felony conviction, and your conviction can be reclassified or resentenced as a misdemeanor under Prop. 47. When you get your felony conviction reclassified or resentenced, it is recommended that you ask the judge to say on the record that the maximum sentence for your conviction is now 364 days. This might help you avoid certain negative immigration consequences that are tied to a sentence of 365 days or more. [3064] See PG. 980 for a discussion of the immigration consequences of a criminal conviction and some record cleaning options.
Prop. 47 does not give you back your gun rights if you lost these rights due to your conviction. [3065] Prop. 47 also does not remove the conviction from your record; it simply reduces it to a lesser offense.
Also, please note that getting your felony conviction reclassified or resentenced as a misdemeanor under Prop. 47 does NOT give you any legal rights to be compensated for any time that you served that is more than what you could have been sentenced to if you had been convicted of a misdemeanor originally.
It used to be true that you could use excess custody credits to offset restitution fines, but the Legislature changed that section of the Penal Code in July 2013 to say that custody credits cannot be used to lower restitution fines. [3066]
Prop. 47 affects eligible offenses in the following ways:
Shoplifting (Penal Code section 459.5) —Prop. 47 adds a new offense, misdemeanor shoplifting. If you enter a business, during regular business hours and steal something worth less than $950, it is now shoplifting instead of second-degree burglary. If you are charged with shoplifting, now you cannot also be charged with petty theft or burglary. If you have a conviction for felony second-degree burglary (California Penal Code section 459), you may be able to get it reduced to misdemeanor shoplifting.
Forgery (Penal Code sections 470, 471, 472, 475) —Prop. 47 changes the laws for several forgery offenses that previously could be charged as either misdemeanors or felonies. Now, all of these offenses are straight misdemeanors only. However, Prop. 47 does NOT apply if you are convicted of both forgery and identity theft (Cal. Penal Code section 530.5). If you have a felony conviction for an eligible forgery offense, you may be able to get it reduced to a misdemeanor.
Forgery/Writing Bad Checks (Penal Code section 476a) —Prop. 47 changes this offense from a “wobbler” to a straight misdemeanor if the amount of the check is less than $950. Beware, however, that Prop. 47 does not apply if you have three or more prior forgery convictions. If you have a felony conviction for writing a bad check, you may be able to get it reduced to a misdemeanor.
Theft (Penal Code section 490.2) —Before Prop. 47, an offense was classified as either GRAND THEFT (a felony) or PETTY THEFT (a misdemeanor) based on (1) the value of the property stolen, (2) the type of property stolen (i.e. guns or cars), OR (3) the manner in which the property was stolen (for example, from someone’s immediate possession). After Prop. 47, the offense is classified based ONLY on whether the value of the property is more or less than $950. So, now if you steal something that is worth less than $950, you can only be charged with misdemeanor petty theft, regardless of what type of property you took or how you took it. If you have a felony grand theft conviction, you may be able to get it reduced to misdemeanor petty theft.
Receiving Stolen Property (Penal Code Section 496) —Prop. 47 changes this offense to a straight misdemeanor if the value of the stolen property is under $950. If you have a felony conviction for receiving stolen property, you may be able to get it reduced to a misdemeanor.
Petty Theft with a Prior (Penal Code Section 666) —Before Prop. 47, if you were charged with petty theft and had three or more previous theft convictions, you could have been charged with a felony. Now, for most people, you cannot be charged with a felony for petty theft, no matter how many prior petty theft convictions you have. The only way that you can be charged with felony petty theft under section 666 now is if you are already excluded from Prop. 47 (see above for convictions that can exclude you), and you also have a previous conviction for petty theft, grand theft, elder financial abuse, joyriding, burglary, carjacking, robbery or felony receiving stolen property, [3067] OR you are required to register as a sex offender. If you have a felony conviction for petty theft based on prior theft convictions, you may be able to get it reduced to a misdemeanor.
Simple Drug Possession (Health & Safety Code Sections 11350, 11357, & 11377) —Under Prop. 47, simple possession of pretty much any controlled substance is a straight misdemeanor. [3068] If you have a felony conviction for simple drug possession, you may be able to get it reduced to a misdemeanor.
Maybe, but the change is not automatic and the courts have not yet said whether fine reductions should be allowed. Under the language of Prop. 47, a conviction that has been reduced to a misdemeanor should be considered a misdemeanor “for all purposes”. Since the maximum fines for misdemeanors are usually lower than they are for felonies, it follows that the sentencing court may be willing to reduce your fines to reflect the change in your conviction. If you have completed your sentence and are looking to have one or more felonies reduced to misdemeanors under Prop. 47, you may want to request a hearing, even though one is not required, so you can ask the judge to reduce your fines.
The process for getting a felony conviction reduced to a misdemeanor under Prop. 47 depends on whether you are currently still serving your sentence (“under sentence”) for the conviction, or if you have already completed your sentence.
HELPFUL HINT—TALK TO A LAWYER! If you think you qualify for resentencing or reclassification, it is recommended that you talk to a lawyer for help. You can start with the lawyer who represented you in your case or your local Public Defender. See also the list of expungement legal aid providers on PG. 1075.
IMPORTANT: Petitions for resentencing and applications for reclassification must be filed on or before November 4, 2022. Petitions filed after that date will only be considered upon a showing of “good cause.” [3071] Proposition 47 does not define what would qualify as “good cause.”
If you are currently serving your sentence (“under sentence”) for an offense that qualifies under Prop. 47, and you are NOT excluded by one of the disqualifying convictions, you may be eligible for resentencing . [3072]
You will need to fill out and file a Petition for Resentencing, and you may need to request a hearing to convince the judge that you qualify for resentencing under Prop. 47. If you qualify, the judge MUST resentence you unless s/he thinks you pose an “unreasonable risk to public safety.” If you have already served the amount of time that you would have served if you were originally convicted of a misdemeanor, you will be released or discharged from supervision.
For information and instructions on how to petition for resentencing, including what “unreasonable risk to public safety” means, see APPENDIX T, on PG. 1030. Each local court has created its own version of this petition, so it’s recommended that you go to the court where you were convicted to request one.
If you already completed your sentence (including any parole or probation term) for an offense that qualifies under Prop. 47, and you do NOT have one of the disqualifying convictions discussed above, you may be able to have your felony reclassified as a misdemeanor. Unfortunately, you cannot get back the time that you served for the felony, but you can change your criminal record to show a misdemeanor conviction instead of a felony. (For information on the benefits of reducing a felony conviction to a misdemeanor, see PG. 952.)
You will need to fill out and file a Petition for Reclassification (in most courts this is the same form used for resentencing people under Prop. 47). The judge will then review your petition to make sure that you qualify for reclassification . Normally, you do not need to request a hearing for a reclassification; but in some circumstances, you may need to.
If you meet the requirements, the judge MUST reclassify your conviction as a misdemeanor.
For information and instructions on how to petition for reclassification, including when you might need to request a hearing, see APPENDIX T, on PG. 1030.
Possibly. Generally, if you served any time in state prison for a felony conviction, you cannot get your conviction expunged (“dismissed” is the legal term). [3073] However, many lawyers believe that this is an oversight by the drafters of Prop. 47, and feel that if your felony conviction is eligible to be reduced to a misdemeanor under Prop. 47, it should be eligible for expungement (like most misdemeanors) as well. Some lawyers have had success getting discretionary expungements for Prop. 47 convictions under California Penal Code section 1203.4a (which allows expungement of misdemeanor convictions with sentences other than probation ). [3074]
IMPORTANT: PROP. 47 & FEDERAL SENTENCES:Even though Prop. 47 only applies to state convictions, it may still help you if you are serving time for a federal conviction. If your federal sentence was increased because you had a prior state conviction, and that state conviction can be reduced to a misdemeanor under Prop. 47, that conviction should no longer have as much impact on your federal sentence, which may mean that your total federal sentence can be reduced. [3075] If you are serving a federal sentence and you have prior state convictions, it is recommended that you contact the federal defense lawyer who represented you, the federal public defender, or the county public defender where you were convicted immediately.
The California Courts has added new information to its website [3076] explaining Proposition 47, including:
California voters passed Proposition 64 (“Prop. 64”) into law on November 8, 2016, and it went into effect on November 9, 2016. Prop. 64 legalizes the possession, transport, purchase, consumption and sharing of up to one ounce of marijuana and up to eight grams of marijuana concentrates for adults aged 21 and older. [3077] Adults may also grow up to six plants at home. [3078] Prop. 64 also provides for a strict governmental system to regulate and tax the nonmedical use of marijuana, which will not begin until 2018.
In additional to legalizing certain acts, Prop. 64 also reduces or eliminates criminal penalties for most marijuana offenses for both adults AND juveniles . [3079] Prop. 64 provides a way for people with prior marijuana convictions that qualify under the new law to petition a court to have their convictions reduced or dismissed. [3080]
Keep reading to learn more about Prop. 64 and the requirements and procedure for seeking relief! Although a lawyer is not required for reclassification, it is always useful to get help from a lawyer to make sure the Prop. 64 process is completed accurately. See a list of “clean slate” legal aid referrals on PG. 1081.
The changes in criminal penalties apply to past convictions, current and pending charges, and future charges.
If you are currently serving a sentence in prison or county jail, or are on probation, post-release community supervision (PRCS), or parole , you may apply for “ resentencing ” by petitioning the superior court. [3081] The judge must resentence you, unless they determine that you are “an unreasonable risk of danger to public safety.” [3082] As used in Prop. 64, “unreasonable risk to public safety” has the same meaning as it does in Prop. 47 (see APPENDIX T , on PG. 1030 ), which this law was modeled after. [3083] In other words, a judge can only find you “an unreasonable risk of danger to public safety” if you are at risk of committing a “super strike” as defined in Penal Code § 667(e)(2)(C)(iv). If resentenced, the judge will order you to serve one year on parole or PRCS, unless the court, in its own discretion, removes this requirement. [3084]
If you have completed your sentence and are no longer in custody and are no longer under supervision , you may apply for “ reclassification” by petitioning the superior court. [3085] Some courts also refer to this process as “ redesignation .” When evaluating petitions for reclassification/redesignation, the judge does not make any determination about whether you are a risk to public safety and does not have the option or discretion to deny resentencing. So long as you were convicted of an offense changed by Prop. 64, the judge and court must reclassify the conviction.
If you are serving a federal sentence for a marijuana-related federal offense , reducing or sealing your conviction might help reduce your sentence and any immigration consequences.
Also note: Resentencing, redesignation, or sealing a conviction under Prop. 64 could give you back your gun rights. [3086] Ask a criminal or clean slate lawyer for advice.
Prop. 64 reduces or eliminates certain offenses based on the amount of marijuana, the person’s age, and the person’s prior offenses. Whether Prop. 64 will help you depends on all these factors. Below is a general summary, and you can find a detailed chart in APPENDIX U on PG. 1032.
Prop. 64 changed the criminal penalties for the following four criminal offenses:
The new penalty (either a misdemeanor, infraction, or dismissal) depends on the specific offense. For example, some offenses became outright legal (such as possession of up to 28.5 grams of marijuana or up to 8 grams of concentrated marijuana) and some offenses were reduced to misdemeanors (such as sales of marijuana).
Again, find a detailed chart about how different penalties changed under Prop. 64 in APPENDIX U on PG. 1032.
You may apply for Prop. 64 “reclassification” if you were ever convicted of one of the four offenses listed above (again, those are: Cal. Health & Safety Code §§ 11357, 11358, 11359, and 11360).
You can apply for Prop. 64 regardless of what else is on your record, even a “super strike” will not disqualify you. In other words, as long as you: (1) were convicted of an offense listed above, (2) are serving or completed a sentence for one of those offenses, and (3) would have been guilty of a lesser offense under Prop. 64, you can apply. If the District Attorney objects to resentencing for any reason, they must prove that you are not eligible by “clear and convincing evidence.”
NOTE: If you have a current or past juvenile offense (called a disposition or adjudication) for an offense Prop. 64 reduced, you can ask for a new disposition, redesignation, or sealing. [3087]
VERY IMPORTANT NOTE FOR NON-CITIZENS: Immigration enforcement is run by the federal government, not California’s state government. Federal immigration officials still consider the possession of marijuana to be illegal. Admitting the use or possession of marijuana is a danger for non-citizens. Immigration officers are increasingly asking noncitizens about their use of marijuana. If you say you have ever used marijuana, especially in states that have legalized marijuana. You should not admit using marijuana to any immigration official. In the resentencing process, you or your lawyer should try to get the judge to make an order that that says your previous marijuana-related conviction is reduced or dismissed because it is “legally invalid”—which is what the law requires under California Health & Safety Code § 11361.8. Since we do not know yet if immigration officials will accept Prop. 64 relief, you should consider other forms of post‐conviction relief as well if you are a noncitizen. See PG. 980 to learn about other ways to address you past record if you are not a U.S. citizen.
Please note that this list is an overvier, and there may be other marijuana-related offenses that have not changed under Prop. 64. Prop. 64 added new infractions in Cal. Health and Safety Code §§ 11362.3 - 11362.4.)
There are three requirements for resentencing. The court must resentence you unless the District Attorney (prosecution) proves that you do not meet the requirements by clear and convincing evidence. [3095]
Requirement 1:
You are “currently serving a sentence.”
[3096]
(There is otherwise no time limit.)
Although “currently serving a sentence” is not defined in Prop. 64, it likely includes you if you are:
Requirement 2: You would not have been guilty of an offense, or would have been guilty of a lesser offense under Prop. 64, had had it been in effect at the time of your offense. [3098]
Requirement 3: You do not pose an “unreasonable risk of danger to public safety.”
IMPORTANT NOTE IF YOU HAVE A PENDING APPEAL: You may be able to argue you should be resentenced without the court first deciding if you pose an “unreasonable risk.” The argument is that Prop. 64 applies retroactively to all cases pending on appeal because of a case called In re Estrada . [3100] Consult with your appellate attorney about this argument.
For resentencing, a “petition” to the sentencing court is required. [3101] For fixing your record, an “application” to the sentencing court is required. [3102] There is a form petition/application, available online at: http://www.courts.ca.gov/prop64.htm , and find sample forms in APPENDIX V, PG. 1037. Contact the attorney who represented you or the county public defender’s office from where you were sentenced to file the petition or application for you. If you have an ongoing appeal, also talk to your appellate attorney.
Additionally, some records will be sealed automatically. State agencies must automatically destroy records of arrest and conviction from January 1, 1976 or later for possession of marijuana offenses under Health and Safety Code sections 11357 and 11360(b), plus juvenile adjudications for all marijuana-related offenses except those involving synthetic marijuana under Health and Safety Code section 11357.5. Agencies should destroy records two years after conviction or arrest if no conviction. Certain offenses including Health and Safety Code section 11357, subdivision (d) and other offenses on K-12 school grounds have special rules requiring destruction only upon a person turning 18. [3103] If you have certain offenses from before 1976, you can apply to destroy related records of arrests and convictions. [3104]
Yes. If you already have finished your sentence or juvenile disposition (including any supervision), then you can change your record under Prop. 64. If they now would be misdemeanors or infractions, they can be “redesignated”—reduced to—misdemeanors or infractions. If they now would be considered legal activities, they can be “sealed” or destroyed. The requirements for reclassification or dismissal and sealing are:
Prop. 64 does not specify a legal right to seek compensation for time spent in custody you could not have spent under the current law.
Generally, if you have served time in prison for a felony conviction, you do not qualify for expungement. However, the Prop. 64 law clearly says that offenses reduced to misdemeanors under Prop. 64 should be treated as misdemeanors “for all purposes.” [3107] This language should mean (and courts hopefully will decide it does mean) they will be misdemeanors for purposes of expungement under Penal Code section 1203.4a. If you are in this situation, you should consult with an attorney for more information. You can contact the public defender’s office in the county where you were sentenced. If you have already had your conviction expunged, you still should be eligible for Prop. 64 relief if you satisfy all the requirements. [3108]
Depending on the circumstances, it might be possible to challenge other convictions, adjudications, ehanancements (e.g., Cal. Health & Safety Code § 11370.2), or sentences affected by a marijuana conviction that gets sealed or redesignated under Prop. 64. The California Supreme Court is currently considering a similar question of whether a prior prison term enhancement (that is, Cal. Pen. Code, § 667.5, subd. (b)) should be taken off where the underlying felony was changed to a misdemeanor under Prop. 47. [3109]
Maybe. Even though Prop. 64 only applies to state sentences, it still could help you if you are serving time for or at risk of deportation for a federal conviction. If your federal sentence was increased because you had a prior state conviction, sealing that conviction or reducing it to a misdemeanor could decrease the length of your sentence. If you are serving a federal sentence and have a prior state conviction possibly affected by Proposition 64, contact the federal lawyer who represented you, the federal public defender, and/or the county public defender where you were convicted immediately for assistance.
Maybe. First, under Prop. 64, misdemeanor sentences cannot be longer than 364 days. So if you are at risk of being deported because of a felony conviction and Prop. 64 redesignates your conviction to a misdemeanor or infraction, this reclassification could have a significant impact for you. In your petition or in court (if you have a hearing), it may help you to ask the court to note on the record the new maximum sentence. Second, because Prop. 64 labels some relevant convictions “legally invalid,” you may be able to argue these “legally invalid” convictions should not affect immigration because they were “legal defects.” [3110] Contact a lawyer immediately for help with this situation. See PG. 984 for a list of legal aid organizations that help with immigration issues.
Yes. Even though Prop. 64 passed, California employers can still conduct drug tests during the application process, and even once someone has been hired. Employers can also refuse to hire you and can fire you for using marijuana. There are two reasons why employers are allowed to test, refuse to hire, and/or fire you for marijuana use. First, employers are allowed to create rules to maintain a drug-free workplace by making sure that employees don't come to work under the influence of marijuana or use marijuana at work. [3111] Second, marijuana possession and use is still illegal under federal law, and employers are allowed to create rules to ensure that their employees don’t violate state or federals laws at the workplace or on employer property. [3112] Learn more about your employment rights with a criminal record in the EMPLOYMENT CHAPTER, beginning on PG. 551.
The California Courts’ website has added new information to its website, including:
The Drug Policy Alliance has free information on Prop. 64, including A 6-step chart for people trying to change their record under Prop. 64. See: http://www.drugpolicy.org/my-prop-64 If you think you are eligible for resentencing under Prop. 64, contact the Public Defender’s Office or the attorney who represented you during your original case . A clickable map to easily locate contact information for your local county Public Defender’s office and county courthouses is available here: http://www/safeandjust.org/county-map/
NOT YET. BEFORE you can apply for a COR, you must have completed any term of probation, parole, or PRCS that was part of your sentence or a condition of your release.You will also have to complete a waiting period (which begins when you are released from custody) BEFORE you can apply for a COR. However, any time that you spend on parole, probation, or PRCS will count toward this period. For more information on when you can get a COR, see PG. 965.
A Certificate of Rehabilitation (COR) is another way to clean up your criminal record. Although it does NOT remove anything from your record, it can restore certain rights that you may have lost, and can help improve your chances of success when you’re applying for work, housing, and professional or occupational licenses.
IMPORTANT: If you have a felony or misdemeanor sex conviction that is eligible for expungement (meaning you were not sent to prison), by law you must expunge it first BEFORE you are elgibile for a COR. [3113]
A Certificate of Rehabilitation (COR) is a court order saying that someone who was previously convicted of a crime is now officially rehabilitated . [3114] A COR can restore some of the rights you lost as a result of your conviction. A COR may help you in the following ways:
However, there are many things that a COR does NOT do—for example, it does NOT erase or seal your conviction; it does NOT restore all of the rights you may have lost due to your conviction; and you will still have to disclose the conviction when you apply for jobs, housing, and professional licenses. (For more information on what a COR does NOT do, see PG. 965.)
You may be eligible to apply for a Certificate of Rehabilitation if you fall into one of the following two categories: [3119]
CATEGORY 1: Felony— You are Category 1 if the following are true:
CATEGORY 2: 1203.4 Dismissals —You are in Category 2 if all of the following are true:
You will also need to complete a waiting period BEFORE you can apply for a COR, which will be based on your conviction offense. To figure out how long you must wait before applying for a Certificate of Rehabilitation, see APPENDIX W, on PG. 1043.
Unfortunately, people in certain situations and with certain convictions are NEVER eligible for a Certificate of Rehabilitation. You are NEVER eligible for a COR if:
This manual focuses on how to clean up your criminal record if you live in California . If you have a California conviction but no longer live in California, you may be eligible for a Governor’s Pardon (see PG. 967).
If your conviction is from another state , you will not be eligible to clean up your record using the California remedies described in this chapter. However, many other states provide similar remedies, so you should find out what “cleaning” remedies are available in the state where your conviction is from.
If you have a federal conviction, possible remedies for cleaning up federal criminal records start on PG. 976.
NOTE: If you ONLY have misdemeanor convictions on your criminal record, you are NOT eligible for a Certificate of Rehabilitation. Instead, it is recommended that you try to get your conviction(s) dismissed under California’s expungement statute (see PG. 940). BUT there is one exception —if you were convicted of a misdemeanor sex offense (listed in California Penal Code Section 290), then you may be eligible for a Certificate of Rehabilitation AFTER you get your conviction expunged. (You must also meet the expungement requirements to be eligible, see PG. 942.)
A COR does NOT restore your right to vote if you lost this right due to your conviction. However, you will get your voting rights back automatically once you are out of prison and OFF parole, so you do not need a COR to get your voting rights back. (For more information about voting rights, see the BUILDING BLOCKS OF REENTRY: ID & VOTING CHAPTER, on PG. 67).
Although there are many benefits to obtaining a COR, it is a limited remedy. Here are some of the things that a COR does NOT do for you:
Before you can apply for a Certificate of Rehabilitation, you must complete a “ period of rehabilitation ” [3127] to show that you have improved your life and avoided involvement in any more criminal activity since your release from prison or jail. In general, you must wait a minimum of five years before you can apply for a COR, PLUS an additional number of years depending on what your conviction was for. You must also have completed your parole or probation term, but your period of rehabilitation starts running as soon as you are released from prison or jail and includes any time you spent on supervision.
IMPORTANT: Even if you have not completed your entire period of rehabilitation, you are allowed to request a COR early (as long as you are NOT required to register as a sex offender under California Penal Code Section 290). The judge may grant you a COR early, if s/he finds that it is “ in the interests of justice ” to do so. [3128] The judge will consider your good conduct, rehabilitation efforts, and how important getting a COR is to your success in the future.
The process for requesting a Certificate of Rehabilitation is the same, regardless of whether you are requesting it early or at the end of your period of rehabilitation.
If the judge grants your COR, this will automatically send an application to the Governor for a pardon. You will not have to do anything more to apply for a pardon. (For more information about Governor’s pardons, see PG. 967.)
You are allowed to apply for a COR if you have a new conviction during your period of rehabilitation, BUT the judge will likely use the new conviction as a reason to deny your COR, and can require you to complete a new period of rehabilitation (see APPENDIX W, on PG. 1043) starting from the date your COR is denied ( not from the time of the offense that led to the denial). [3129] In addition, even if you get the new conviction expunged, the judge can still consider the conduct that led to the conviction when deciding whether to grant your COR. [3130]
The judge has discretion to consider every interaction with the law when determining whether to grant a COR. [3131] Evidence presented at a COR hearing includes records from parole and probation, which would include any violations of your conditions, as well as “written reports or records of any other law enforcement agency” about you. [3132]
If you meet all of the requirements for a COR (see PG. 964) and you have completed your required period of rehabilitation (or you want to request a COR early), you will need to file papers (called a Petition for Certificate of Rehabilitation ) in the court in the county where you currently live . Your petition will explain why you deserve a COR. It should include letters of support and proof of your accomplishments. The District Attorney will likely do an investigation and prepare a report about you. Then you will have a hearing where you will have to convince the judge that you are rehabilitated and ready to be a responsible member of society.
NOTE: You must request a COR from the court in the county where you currently live . This is different from most other remedies (such as expungement, reducing your felony to a misdemeanor, and Prop. 47), which require you to request them from the court where you were convicted . For complete information and instructions on how to request a Certificate of Rehabilitation, including a sample application, see APPENDIX X, on PG. 1044.
IMPORTANT: You have the right to a lawyer to help you with your request for a COR. You can hire a lawyer of your choice, or if you cannot afford a lawyer, the court must assign a public defender or another lawyer to help you. [3133] If you are just getting started and don’t yet have a lawyer, you should start by contacting the Public Defender’s Office in the county where you live , or look for a local expungement clinic in your area. You also have the right to get help with your request from the county probation department, state parole officers, the California Youth Authority (if you are under 30 years old), and any other rehabilitative agency. [3134]
A governor’s pardon is an official forgiveness for your conviction, granted by the Governor of California. A pardon restores all of the rights you lost due to your conviction—including your gun rights and your right to serve on a jury—and if you qualify, eliminates your requirement to register as a sex offender under California Penal Code section 290. It is the best thing you can do to reduce the impact of your criminal record on your life, but it is still not a complete remedy because it does completely erase the conviction from your record. (For more information on what a pardon does and does not do for you, see PG. 968.)
A California Governor’s pardon is an honor granted only to individuals who have demonstrated exemplary behavior following conviction for a felony. [3135] It is official acknowledgement of your rehabilitation from the state’s highest elected official. A pardon removes most of the consequences of a criminal conviction. Both the California Penal Code and the California Constitution give the Governor the authority to grant pardons, and that authority is entirely discretionary. [3136]
Unfortunately, Governor’s pardons are difficult to get and are NOT granted very often, so you should try to clean up your record using other remedies first—such as an expungement or a Certificate of Rehabilitation.
In most cases, you are NOT eligible for a Governor’s pardon if you ONLY have misdemeanor convictions on your criminal record. (In other words, you must have a felony conviction to get a pardon.) If you reduce your felony conviction to a misdemeanor under California Penal Code section 17(b) (see PG. 951), or have it reclassified or resentenced as a misdemeanor under Prop. 47 (see PG. 953), you could become ineligible for a Governor’s pardon (unless you also have other felony convictions on your record). HOWEVER, in most cases it’s still better to have your felony conviction reduced to a misdemeanor—even if that makes you ineligible for a Governor’s pardon—for these reasons:
IMPORTANT: If your conviction is eligible for a Certificate of Rehabilitation (COR), you should absolutely apply for a COR first , BEFORE seeking a pardon. Getting a COR improves chance of getting a pardon AND automatically sends in your application for a pardon (so you do not have to do anything else to apply!).
Anyone who has been convicted of a felony OR certain misdemeanor sex offenses is eligible for a pardon. [3137] Your conviction must be from California—you cannot get a Governor’s pardon for a conviction from another state, or for a federal conviction. [3138]
You are NOT eligible for a pardon if you ONLY have misdemeanor convictions that are NOT sex offenses on your California criminal record. Note that if you have a felony conviction from another state or for a federal felony conviction, you still do NOT qualify for a California Governor’s pardon. Your felony or misdemeanor sex offense conviction must be from California to qualify.
A Governor’s Pardon can restore many of the rights and benefits that you lost because of your conviction. A pardon MAY:
BEWARE: A pardon may restore your California gun rights, but it will not necessarily restore your federal gun rights (because federal gun laws are much stricter).
Like a Certificate of Rehabilitation, a pardon is still a limited remedy. There are certain things that a pardon does NOT do for you:
There are 3 different ways to get a pardon:
When you can or should apply for a pardon depends on the type of pardon you are seeking.
How you go about getting a pardon depends on the type of pardon you are seeking.
For instructions on how to complete a formal application for a traditional or direct pardon, see APPENDIX Y, on PG. 1046.
Here is a summary of the steps to apply for a Traditional Pardon directly from the Governor. For a more detailed explanation of each step, see APPENDIX Y, PG. 1046.
You will need to fill out the “Application for Gubernatorial Pardon” with information about the conviction you want pardoned, any other convictions on your record, and why you deserve a pardon.
Governor’s Office
State Capitol
ATTN: Legal Affairs
Sacramento, CA 95814
If you are requesting a pardon for multiple convictions from DIFFERENT counties, you must notify the DA in EVERY county where you have a conviction.
Governor’s OfficeState CapitolATTN: Legal AffairsSacramento, CA 95814
What happens next will be different, depending on how you applied for a Pardon:
If you were convicted of more than one felony, the Governor is required to have the Board of Parole Hearings review your case, regardless of whether you were issued a Certificate of Rehabilitation. Also, if you have two or more felony convictions, the Governor cannot grant you a pardon without a recommendation from the California Supreme Court, however, the Governor is not required to send your application to the Supreme Court for review.
REMEMBER: If you were convicted of 2 or more felonies , the Governor MUST send your application to the Board of Parole Hearings for review, AND also CANNOT grant your pardon without getting a recommendation from the California Supreme Court. (However, the Governor does not have to send your application to the Supreme Court for review in the first place.) [3166]
What happens when the Governor grants your pardon is the same regardless of whether you received the pardon based on your Certificate of Rehabilitation, applied for a Traditional Pardon directly from the Governor, or were recommended for a pardon by the BPH. Here is the process:
If your pardon is denied, the only thing you can do is start over and file a new application. However, just as with a Certificate of Rehabilitation, you should not file a new application until AFTER you fix or improve whatever problems caused your first application to be denied. [3169]
If your arrest record is sealed, all information about the arrest is deleted from your RAP sheet, and a new RAP sheet is issued without any information about the arrest. ALL records from the arrest are destroyed, including your fingerprint card.When your arrest record is sealed, the arrest (and anything associated with it) is considered NEVER to have happened.
Although California law limits who can consider your arrest record and for what purposes, it is always a good idea to have an arrest cleared from your record, if possible . This process is called “sealing” the arrest record. It means that ALL documents related to your arrest—including your fingerprints—are confidentially sealed for 3 years, and then destroyed. [3170]
The benefit of having your arrest record sealed is that it deletes the information from your RAP sheet (your official criminal record), meaning NOT even law enforcement officers will see the information in most cases. Once your arrest record is sealed, it is as if the arrest (and any related proceedings) never happened. [3171] (For more information on who can see your RAP sheet, see PG. 932.)
Any arrest that did NOT lead to a conviction is eligible to be sealed. You can ask to have your arrest record sealed if you were arrested, but:
“Factual innocence” means that “no reasonable cause exists” for a judge to think that you did what you were arrested for. It is a very high and difficult standard to meet. In most cases, even if your case was dismissed or you were acquitted by a jury, a judge is still not likely to find you “factually innocent . ” Examples of factual innocence include: the police arrested you because they thought you were someone else; what you did was not actually illegal; or your arrest was the result of police misconduct.
Yes. In order to have your arrest record sealed, you must fit into one of the following situations:
Generally, you must file a request to have your arrest record sealed within 2 years after the date of your arrest OR the date that charges were filed against you (whichever is later). However, the judge can waive (excuse) the 2-year time limit if you can show “ good cause ” [3181] —meaning you can give the judge a really good reason why you could not or did not file your petition within the 2-year limit.
Since many people will be beyond the 2-year time limit, these are some examples of reasons that may qualify as “good cause:”
Keep in mind, however, that it will be up to the judge to decide whether your reason is good enough to waive the 2-year limit.
The process for getting your arrest record sealed varies slightly, depending on your situation:
Either way, your claim will be reviewed, and you may have a hearing to convince the judge that you are factually innocent. If you are found factually innocent by either the law enforcement agency or the court, the records of your arrest will be sealed and eventually destroyed.
For information and instructions for each step of this process, see APPENDIX Z, on PG. 1048.
Yes—a new law has made this possible. I n 2016, California added a new section to the Penal Code permitting special factual innocence petitions for victims of human trafficking. [3183] Section 236.14 provides relief for any person arrested for OR convicted of a nonviolent offense while a victim of human trafficking. The court will vacate the conviction or seal the arrest if it is satisfied that: (1) the person was a victim of human trafficking at the time they committed the offense; (2) the offense was committed as a direct result of being a victim of human trafficking; (3) the person has tried to distance him or herself from human trafficking; AND (4) granting the petition is in the best interests of justice and the person’s best interests. [3184]
It is a common misperception that juvenile criminal records are automatically sealed when you turn 18. Unfortunately, this is not the case. If you have a juvenile record in California, you must ask the court to have it sealed, otherwise this information may find its way into your background check.
NOTE: This section refers only to sealing juvenile records from California. Every state has different laws for handling juvenile records. [3185] If you have a juvenile record from another state, you will need to find out what relief is available in that state. [3186] Also, federal juvenile records can be sealed only under the very limited circumstances (the same as federal adult convictions—read more on PG. 976). [3187] If you have a federal juvenile record, it is recommended that you speak to a Federal Public Defender.
Your juvenile record is made up of all documents, exhibits, judge’s rulings, orders, and reports associated with any trouble you got into before you turned 18. These are mostly contained in your juvenile court file, but may also be kept by other agencies such as the Department of Justice (DOJ), the county Probation Department, police, sheriff, or other law enforcement agencies, and the District Attorney. [3188] Your record also includes any documents or records made by these other agencies.
Under the law, juvenile court and police records are usually confidential and NOT visible to the public or other people, except in certain cases. [3189] Also, juvenile cases are considered “adjudications”—NOT “convictions”—so legally, you can say that you have NO convictions from your juvenile cases. [3190]
However, juvenile records sometimes DO show up on background checks, and certain employers such as law enforcement and health care agencies are allowed to ask about unsealed juvenile records. [3191] BUT once your juvenile record is sealed, NO one can see it. All juvenile records kept by the court, DOJ, probation department, and other law enforcement agencies are sealed, and it’s as if your case never happened. [3192]
A conviction as an adult means you were charged as an adult in criminal court (NOT in juvenile court) and convicted (either by plea bargain or trial).
Like everything else, it depends. You must meet 5 basic criteria in order to get your juvenile record sealed: [3193]
If you don’t meet ALL of the above requirements, you cannot get your juvenile record sealed.
You CANNOT get your juvenile record sealed if you committed any of the following offenses AND you were 14 or older at the time:
If you were convicted of a serious or violent offense AND are otherwise eligible for sealing, you may still be able to get your juvenile record sealed if you do one of the following:
To get your juvenile record sealed, you will need to file a request (called a Petition to Seal Juvenile Records) in the juvenile court where your case was adjudicated. You will have a hearing where the judge will review your petition and ask for a recommendation from the probation department. You will need to answer any questions the judge has, and you can bring people to testify on your behalf. The judge will then decide whether or not to grant your request. If the judge decides to seal your record, s/he will also order all other agencies that have juvenile records on you to seal their records too. If the judge does not decide to seal your record, you are allowed to re-file your petition (the judge will tell you when). For more information and instructions on how to seal your juvenile record, see APPENDIX AA, on PG. 1050.)
For more information about sealing juvenile records in general, see Sealing Your Juvenile Records—a helpful guide from Public Counsel , available online at http://www.publiccounsel.org/tools/publications/files/Sealing-your-Juvenile-Record.pdf , and the new online screening tool sealitca.org (which screens you for eligibility and explains the juvenile record-sealing process in each county).
IMPORTANT: As of January 1, 2015, California Welfare & Institutions Code section 786 changed so that juveniles who successfully complete probation, and otherwise qualify to have their record sealed, will have their juvenile record automatically sealed by the judge, without having to file a petition in court or do anything else. [3196] However, this DOES NOT apply to juveniles who completed their probation BEFORE January 1, 2015. If you completed your juvenile probation BEFORE January 1, 2015, you will still need to file a petition in court to have your juvenile record sealed.
Convictions for federal offenses (violations of U.S. law) often have consequences beyond California. Federal convictions cause you to lose your eligibility for government-assisted housing, [3197] federal student loans, [3198] and participating in foster care or adoption programs, [3199] so getting them expunged can benefit you in (re)applying to these programs.
A federal expungement is different than an expungement under California law. Federal law allows for complete expungement of your conviction. The entire record of your conviction is completely erased along with any information associated with it. The offense is removed from your criminal record as if it never happened. This only applies in very limited situations, but it is a true expungement (see Situation 1). A federal dismissal is more like a California expungement, in that the conviction is NOT completely erased from your record, but it is still hidden from public view (see Situation 2).
Unfortunately, most federal convictions cannot be expunged or dismissed . Unlike in California (and most other states), there is NO general federal law that offers expungements for federal crimes. However, there are a few federal laws that offer expungements and dismissals i n certain limited situations.
Here are the limited options that exist for “cleaning up” federal convictions on your record:
If you have a federal drug conviction (see Situation 1 or 2 in the next question ), you may qualify for an expungement or dismissal of your conviction if ALL of the following are true:
When your probation term ends, you can ask the judge to expunge your conviction. If you have successfully completed your probation with NO violations, and you meet all the other requirements, the judge is required to grant your expungement. This means that ALL official records of your conviction, all references to your arrest , and the results of any criminal proceedings against you will be destroyed. You will get back any rights that you lost because of your conviction, and you can say that you have never been arrested, prosecuted, or convicted of the offense. [3203]
If you were over the age of 21 at the time of your offense, your conviction will not be completely expunged (i.e. erased). However, if you successfully complete your probation with NO violations, and you meet all the other requirements described above, the judge is required to dismiss your conviction at the end of your probation term. You can also ask the judge to dismiss your conviction and release you from probation early (before the end of your probation), but it will be up to the judge whether or not to grant this early.
Once your conviction is dismissed, the record will be sealed—meaning the record will still exist, but it will NOT be public, and it will NOT show on your criminal record that you were ever convicted of the offense. You will also get back any rights that you lost because of your conviction. [3204]
NOTE: If your conviction is expunged (Situation 1) or dismissed (Situation 2), the U.S. Department of Justice will keep a confidential, non-public record of your conviction in case you try to get another conviction expunged or dismissed in the future. Remember: You can only get a federal expungement once in a lifetime! [3205]
Maybe. It is sometimes possible to convince a federal judge to ORDER that your conviction be expunged. This is called a “judicial expungement.” However, judicial expungements are VERY, VERY rare—and some courts won’t do them at all. [3206] Many federal courts only grant judicial expungements when it is necessary to correct an error in a criminal case that amounts to a violation of your basic rights (i.e. a “ miscarriage of justice ”). In these courts your only chance of being granted a judicial expungement is if your conviction was the result of illegal or invalid conduct by the government, such as an unlawful arrest, an unconstitutional law, or a gross administrative error. [3207] The federal courts in California follow this rule—so if your federal conviction happened in California , you will need to show that your conviction was caused by a “ miscarriage of justice ,” otherwise the judge will NOT grant you a judicial expungement. [3208]
Other federal courts will grant a judicial expungement only under specific and extraordinary circumstances, when they determine that it is necessary in all fairness. [3209] These courts balance the harm that you suffer because of your criminal record (for example, if you are denied public housing or benefits, you cannot be with your family, or you are disqualified from certain jobs), against the public’s interest in preserving the record of your conviction. [3210] If your federal conviction is from a state where the federal courts allow the judge to balance the factors of your situation, you will still have to convince the judge that the expungement is necessary to preserve your basic rights . [3211]
The only circumstances under which you are likely to get a judicial expungement of your federal conviction are:
It depends. Presidential pardons are even more difficult to get than federal judicial expungements (see PG. 977). U.S. Presidential Pardons are generally only given in high-profile, highly public cases—for example, to certain public figures or politicians, or to friends and relatives of the President.
Here are some examples of people who have received a Presidential Pardon:
Technically, any federal conviction is eligible for a presidential pardon, but you must first complete your sentence (including any parole or probation term) AND a 5-year waiting period before you can request a Pardon. The 5-year waiting period starts when you are released from custody, or from the date of your conviction if you were never incarcerated (whichever is later). [3213] During this time, you will need to show that you have led a responsible and productive life, made significant efforts toward rehabilitation, and taken responsibility for your offense.
In deciding whether to grant your pardon, the President will consider the following factors, so you should emphasize your efforts and accomplishments in these areas:
Here are some other things you should include or mention:
You must complete your sentence (including any probation, parole, or supervision) AND a 5-year waiting period before you can request a pardon.
To apply for a presidential pardon, you must complete a “Petition for Executive Clemency” and file it with the Office of the Pardon Lawyer within the U.S. Department of Justice. Application forms and instructions can be found on the U.S. Department of Justice website at: http://www.justice.gov/pardon/ .
For more information on requesting a Presidential Pardon, see http://www.justice.gov/pardon/rules-governing-petitions-executive-clemency .
For most people, a presidential pardon is NOT a realistic solution for cleaning up your criminal record.
The following information comes from a fact sheet that Root & Rebound prepared with the Immigrant Legal Resource Center (ILRC, www.ilrc.org ). It explains the overlap between the criminal justice and immigration legal systems and describes ways you might be able to clean up your criminal record to help with immigration consequences. While these options will not be available to every immigrant with a record in California, we hope more people and families can advocate and stay together with this information and the resources that follow.
Although the number of deportations began to drop in 2012 after a huge increase during President Barack Obama’s first term, the Obama Administration increased the deportation of people with criminal records in recent years. 92% of people living in the U.S. who were deported in 2015 had a past criminal conviction, up from 75% in 2012.
Many different kinds of criminal convictions and other violations of the law can make a non-citizen deportable or unable to change their immigration status. The important thing to know is that contact with the criminal justice system can have a huge impact on someone’s ability to stay in the U.S. and it is very important to talk to a lawyer before applying for an immigration status, traveling, or talking to law enforcement.
IMPORTANT WARNING: If you are contacted by ICE while detained/incarcerated, you have the right to call a lawyer or a loved one/family member, and you have the right to be visited by a lawyer. You have the right to have your attorney with you at a hearing before an immigration judge. You do not have a right to a state-appointed attorney, but it is suggested that your loved one/family member contact the organizations at the end of this fact sheet if you are unable to hire one. You must insist on using your rights and should contact an attorney or have one contacted by a loved one before signing anything with ICE – so you do not give up your rights to fight against deportation.
Former President Obama’s immigration policy publicly focused on deporting people with violent and/or serious convictions; though in fact, most people deported from 2014-2016 under Obama’s administration were convicted of nonviolent or immigration-related offenses .
President Trump has been even more outspoken about his plan to deport a wider range of individuals. This includes people arrested and charged with a crime but not actually convicted; suspected gang members; and people convicted of low-level misdemeanors.
On January 25, 2017, Trump released two Executive Orders (E.O.) describing his administration’s immigration policy and how it connects to people in the criminal justice system. One E.O. said that the federal government, through the Department of Homeland Security, will now be expanding deportation efforts to more heavily target the following groups: (1) any immigrants who have been convicted of any crime , (2) any immigrants who have been charged with any crime (but not yet convicted), and (3) any immigrants who have committed acts that are a chargeable criminal offense (which we take to mean that immigrants who are assumed to have committed a crime are at risk of deportation under Trump’s policy).
IMPORTANT NOTE: Although current federal law already allows the government to deport immigrants based on certain criminal convictions, Trump’s Executive Order goes far beyond the current law to include people convicted of any crime and even people who are suspected of committing a crime. It is still unknown how the Executive Order will be carried out, when federal law does not yet permit deportation of all of the groups of people being targeted. While the Trump administration plans to expand the noncitizens they are targeting for deportation, it is crucial that you explore options to make your criminal record more “immigration-safe” – meaning less likely to trigger negative immigration consequences. Contact one of the organizations listed at the end of this fact sheet for legal support.
On February 21, 2017, the Secretary of the Department of Homeland Security, John Kelly, who works for President Trump, released two memos with the federal government’s plans to carry out the January 25th E.O.s – including plans to hire thousands more immigration enforcement agents; expand the group of immigrants who are being prioritized for removal (deportation); speed up deportation hearings; and work with local law enforcement to help them make immigration-related arrests. These memos are federal guidelines that give the U.S. Immigration and Customs Enforcement (ICE) federal agency the power to more aggressively arrest, detain and deport immigrants with criminal records and undocumented immigrants living in the U.S., or trying to enter at the borders.
Trump’s Executive Orders (EOs) and memos are very threatening to many people. If you are personally affected or know someone who might be, please take a look at the list of legal resources and organizations listed at the end of this fact sheet. These organizations are offering assistance to immigrants and fighting back during this time. They may also be able to advise you about how to make your record more “immigration-safe,” meaning less likely to put you at risk of deportation.
“Sanctuary” defined: A “sanctuary” jurisdiction describes cities, counties, and states with policies designed to limit cooperation with or involvement in federal immigration enforcement actions.
Maybe. Both state and federal law require criminal defense lawyers to advise their clients of, and defend against, the immigration consequences of a criminal conviction. This means you have the right to receive adequate advice from your criminal defense lawyer about the immigration consequences of your criminal case. The law requires defense lawyers (including public defenders) to ask about their clients’ citizenship status; investigate potential immigration consequences; advise their clients about those immigration consequences; and plea-bargain with an eye toward avoiding them. On the next page, you will find a chart that summarizes situations where immigrants have some options to challenge a plea agreement in their criminal case because you were not adequately advised on the immigration consequences.
“Vacated” – a legal term defined: “Vacate” means to erase, cancel or void. We use it in the chart, so refer back to this definition if you are unclear. But note that if your conviction has been vacated , the District Attorney may be able to prosecute you on the original criminal charges. For all of these, ask you attorney for advice about the best path in your case!
Because Trump is prioritizing the removal of people involved in the criminal justice system, any options for getting rid of convictions is especially critical at this point. Consult with an attorney who specializes in criminal and immigration law to find out what makes sense under your particular circumstances.
This chart summarizes different options for challenging your plea agreement if you did not know or understand the immigration consequences of your conviction. You can share this with your lawyer to help you decide which, if any, are the best options available to you.
|
METHOD for Challenging a Guilty or “No Contest” Plea |
WHEN to Bring This Challenge |
WHAT to Challenge in Your Criminal Case |
TYPE OF RELIEF You Get if Challenge is Successful |
|
Cal. Penal Code section 1018. An application/motion in the trial court. |
Before judgment, or before 6 months after a judge’s order granting probation (where the entry of judgment is suspended and has not been entered). |
Criminal defense lawyer’s failure to advise you of immigration consequences before entering your plea. (This claim is called “ineffective assistance of counsel,” a violation of your Sixth Amendment right.) |
You can withdraw your plea of guilty or “no contest,” and change it to a plea of not guilty. |
|
Petition for Writ of Habeas Corpus. A petition in one of the appellate district courts. |
Any time following the judge’s entry of judgment, where you are in custody (jail or prison) or on supervision (probation, parole, PRCS, etc.). |
Criminal defense lawyer’s failure to advise you of immigration consequences before entering your plea. (Again, this claim is called “ineffective assistance of counsel.”) |
Judge vacates the conviction. Note: You may open yourself up to re-prosecution on the original criminal charge(s). |
|
Direct Appeal. An appeal in one of the appellate district courts. |
A notice of appeal must be filed within 60 days after the judge’s entry of judgment. |
Talk to your appellate attorney if your criminal defense lawyer or the criminal trial court judge did not advise you about immigration consequences. |
Judge vacates the conviction. Note: You may open yourself up to re-prosecution on the original criminal charge(s).). |
|
Cal. Penal Code section 1016.5. A motion in the trial court. |
Any time following the judge’s entry of your guilty or no contest plea. |
Where the criminal court judge failed to advise you of the immigration consequences before accepting a plea. |
You can withdraw your plea OR the judge vacates the conviction. If your conviction is vacated, you may open yourself up to re-prosecution on the original criminal charge(s). |
|
Cal. Penal Code section 1473.7. A motion in the trial court. |
Any time after the criminal trial court judge enters a judgment in your case. |
Where an error hurt your ability to understand, defend against, or knowingly accept the immigration consequences of a plea, or new evidence shows innocence. |
Judge vacates the conviction. Note: You may open yourself up to re-prosecution on the original criminal charge(s). |
Maybe! Some of California’s “record-cleaning” or “expungement” laws may help you reduce certain felonies to misdemeanors, and/or dismiss certain convictions – which in some cases can also help reduce your chances of being targeted for deportation and other negative immigration consequences. Below is a summary of California’s record-cleaning laws that may help people with their immigration status.
To get help pursuing one of these “record-cleaning” options, contact your local public defender’s office or call Root & Rebound’s free and confidential Reentry Legal Hotline any Friday at (510) 279-4662 for a referral to a free expungement legal clinic.
When lawyers refer to “expungements” in California (which don’t really exist here), they usually mean “dismissals,” which allow people to dismiss a felony or misdemeanor conviction after completing any time they were sentenced to jail, prison and/or probation. While dismissals can help with applying to some jobs and housing, they usually do not erase the conviction for immigration purposes. However, there is one important exception for certain first-time simple possession offenses that occurred before July 14, 2011 , where a dismissal may help with immigration consequences.
The following newer laws help people reduce felonies to misdemeanors for all purposes, including for immigration purposes.
Although California state law permits some use and cultivation of marijuana, federal law does NOT allow this – and remember, immigration is run by the federal government! So please read and share the warnings below!
Most importantly, never admit to any immigration or border official that you ever have used or possessed marijuana , unless you have expert legal advice that this is OK. If a federal official asks you about marijuana, say that you don’t want to talk to them and you want to speak to a lawyer. You have the right to remain silent. Stay strong – once you admit it, you can’t take it back. If you did admit this to a federal officer, get legal help quickly. See Appendix JJ on PG. 1074 for more information.
SPECIAL NOTE: Cal. Penal Code section 18.5(b) (effective January 1, 2017) is a recent state law that reduces the maximum possible sentence for any California misdemeanor from 365 to 364 days retroactively. This is important because under federal law, certain offenses can lead to deportation if they carry even a potential sentence of one year or more. This new law is retroactive, meaning it applies to old misdemeanors as well those current and future cases. However, if you were convicted of a misdemeanor before January 1, 2015, and were sentenced to a term of one year, you must proactively ask (“petition”) the criminal court that sentenced you to change your sentence under this law.
In addition, under Cal. Penal Code Section 1203.43 , someone with a drug offense who received a “deferred entry of judgment” (DEJ) can get rid of the conviction for immigration purposes. You are considered to have a conviction for immigration purposes if you entered a plea of guilty even if the charges were later dismissed through a diversion program ; so getting relief through Section 1203.43 gets rid of your guilty plea for immigration purposes as well. Upon completion of the court-ordered DEJ program, you must file papers with the court to ask the judge to withdraw the guilty plea and dismiss the charges once again under Section 1203.43.
If you have any questions, please see the list of additional resources and legal organizations listed below – many help people fight deportation. You can also call Root & Rebound’s free and confidential Reentry Legal Hotline any Friday at (510) 279-4662 for a referral.
NATIONAL RESOURCES:
Like most questions about cleaning up your record, it depends on the type of registration requirement you have, your conviction offense, and which remedy(ies) you use to clean up your record. For specific answers, it is recommended that you discuss your situation with a lawyer.
Registration as a sex offender under California Penal Code section 290 is the most severe and permanent type of registration. However, under limited circumstances, cleaning up your record can remove your registration requirement.
Under “Megan’s Law,” the California Department of Justice is required to keep a public website with personal and criminal history information about anyone who is required to register as a sex offender under California Penal Section 290. The website is available to the public, and includes information about your conviction offense, certain other information about your criminal history, a photograph and description of what you look like, and other personal information (name, date of birth, the community and zip code or county where you live, and in some cases even your address). [3224]
IMPORTANT: In some cases, you may be able to get your information removed from the Megan’s Law website. If your conviction was for a less serious sex offense, AND you do NOT have any other convictions for more serious sex offenses, you can ask the DOJ to remove (“exclude”) your information from the public website. If you meet all of the other requirements (listed in Cal. Penal 290.46(e)), the DOJ is required to remove your information. [3225] BUT even if your information is removed from the DOJ website, you are still required to register under section 290 (unless you get your registration requirement legally lifted).
Learn more about restration requiremens and other laws affecting people required to register for a sex offense in the PAROLE & PROBATION CHAPTER, on PG. 159.
Your drug registration requirement will end automatically after 5 years. [3229] (The 5-year period starts when you are released from prison or jail, or when you are discharged from probation or parole.) In many cases, your registration requirement will end on its own, even before you clean up your record.
In California, anyone convicted of a felony, anyone convicted of a misdemeanor with a prior felony conviction, anyone on probation, parole, or supervision for a felony or with a prior felony conviction, and anyone required to register under California Penal Code sections 290 (sex offense) or 457.1 (arson), is required to give a DNA sample. [3233] Previously, DNA samples were also collected from anyone who was even arrested for certain felonies—but the California courts are still working out whether or not it is constitutional to take DNA samples from someone who has only been arrested and not convicted. [3234] These DNA samples are kept in a state and national database, and then used by law enforcement agencies to identify suspects involved in other crimes.
Usually when a sample of your DNA is taken, it will be kept in the California state database (CAL-DNA program), and the information may be shared with the national database (kept by the FBI), which can be searched by law enforcement agencies around the country. [3235]
If you had to give a DNA sample because of your arrest or conviction, you may want to consider getting your DNA expunged from the state and/or national databases. As long as your DNA remains in the database, law enforcement agencies can use your DNA to try to connect you (even incorrectly) to other crimes. Getting your DNA expunged from a database means that your DNA sample will be destroyed and all related information (your DNA profile) will be completely removed from that database. [3236]
You may qualify to have your DNA expunged from the California database if you meet the following requirements:
AND
AND
If you meet all of the legal requirements, your DNA MUST be expunged from the database once you submit your request for expungement.
You can request to have your DNA expunged from the California database directly from the DOJ, or you can file a petition in court asking for a court order to expunge it. It is easier and faster to request expungement directly from the DOJ because, if you meet the requirements, the DOJ is required to expunge your DNA records. If you are denied by the DOJ, and have to file in court, this generally means you do not meet one of the requirements. If you file in court, you will have to convince a judge to order expungement of your DNA.
For more details on both processes for requesting expungement of your DNA from the California database, APPENDIX BB, on PG. 1051.
For more information about DNA expungement in California in general, see Getting Expunged or Removed from the CAL-DNA Data Bank on the California DOJ’s website at: https://oag.ca.gov/bfs/prop69/faqs .
If your DNA sample was taken for a federal arrest or conviction, you may qualify to have your DNA expunged from the FBI’s national database if:
To get your DNA expunged, you must provide an official court order showing the final outcome of your arrest, case, or overturned conviction. [3239] For details on how to get your DNA expunged from the federal database (also called “CODIS,” which stands for Combined DNA Index System), see APPENDIX BB, on PG. 1051.
NOTE: If you want to get your California DNA sample expunged from the national database, you will need to contact the California DOJ and follow the instructions in APPENDIX BB, on PG. 1051. [3240]
For more information on expungement of DNA from the national database, visit the FBI’s website on CODIS—Expungement Policy, available at http://www.fbi.gov/about-us/lab/biometric-analysis/codis/codis_expungement .
Hopefully this Chapter has given you a better understanding of your criminal records, how to correct errors early in your reentry.
Later in reentry, if you become eligible, we hope this Chapter has also shown you the many options that are available to help you “clean up” your record and minimize its impact on your life.
You may download this form from the DOJ website at: http://oag.ca.gov/fingerprints/security . [3241] It should also be available at any public Live Scan Site. [3242] For a listing of public Live Scan Sites throughout California, visit the DOJ’s website at: https://oag.ca.gov/fingerprints/locations. (See APPENDIX B, on PG. 990 for a sample Request for Live Scan Services form and instructions for filling it out.)
IMPORTANT INFORMATION ABOUT FILLING OUT THE REQUEST FOR LIVE SCAN SERVICES FORM:
Live Scan services are available at most local police departments and sheriff’s offices. [3243] There are also hundreds of Public Live Scan sites around the state. To find a public Live Scan location near you, check your local yellow pages, or visit the DOJ website at: https://oag.ca.gov/fingerprints/locations. The fees and hours vary from site to site (and change often), and some sites require appointments whereas others allow walk-ins. For this reason, it is always recommended that you call the site you want to visit beforehand to make sure you they’re open and know how much it costs. ( Note : Most Live Scan sites charge between $20-40 for fingerprinting, but there is a lot of variation from one location to another.)
Take your completed “Request for Live Scan Service” with you to the Live Scan site when you go to get fingerprinted.
California Department of Justice: Record Review Unit
P.O. Box 903417
Sacramento, CA 94203-4170
If you cannot afford the $25 fee, you can request a “fee waiver”—meaning you will NOT have to pay to get your RAP sheet. To request a fee waiver, you can fill out an “Application for Record Review Processing Fee Waiver Claim and Proof of Indigence” form (see Appendix C, on PG. 994). This form lets you choose from three reasons why you can’t afford the fee— you receive public benefits (such as CalWORKS, CalFRESH (food stamps), MediCal, or unemployment insurance); you are currently incarcerated; or your income falls below 138 percent of the federal poverty guidelines. If possible, you may want to send copies (not the originals!) of your pay stubs, bank account records, or other documents showing your income and expenses. If you do not receive the request after 2 weeks, call the DOJ at (916) 227-3835 to make sure that your documents are being processed. Leave your full name and a telephone number in their voicemail so they can return your call
Once you send in your forms, it can take up to 2 months (anywhere from 1—8 weeks) to get a copy of your California (DOJ) RAP sheet, depending on how long your RAP sheet is (i.e., how much information it contains). If your RAP sheet is fairly long (in other words, if you have had many encounters with law enforcement and/or the criminal justice system), it takes longer for the DOJ to process your request, because they have to research and verify all of the information. [3244]
See next page
PLEASE NOTE: To request a fee waiver, send (1) a fax cover sheet (sample letter below for this purpose), (2) a fee waiver declaration form (see next page for a copy of this form), AND (3) proof of public benefits to the California Department of Justice by fax to 916-227-1964, or by mail to Bureau of Criminal Identification and Information, Attention: Record Review Unit, P.O. Box 903417, Sacramento, CA 94201-4170.
Bureau of Criminal Identification and Information
Attention: Record Review Unit
P.O. Box 903417
Sacramento, CA 94201-4170
Dear Record Review Unit,
Enclosed with this letter, please find a request for waiver of the fee for criminal history record and proof of public benefits. Please send the Request for Live Scan form to the following address:
[YOUR NAME]
[YOUR STREET ADDRESS]
[CITY, STATE, ZIP CODE]
Sincerely,
[SIGN NAME]
There are two ways to get a copy of your FBI (federal) RAP sheet:
OPTION 1: Request your “Identity History Summary” (RAP sheet) from the FBI directly.
STEP 1: Fill out BOTH the FBI’s “Applicant Information Form” [3245] (see APPENDIX DD, on PG. 1054) AND the “Request for Live Scan Service” (Form BCIA 8016RR) (See APPENDIX B, on PG. 991). [3246]
STEP 2: Take the completed “Request for Live Service Scan” form to a Public Live Scan Site to get fingerprinted.
STEP 3: Make your payment to the FBI.
STEP 4: Mail all forms and your $18 payment to: FBI CJIS Division—Record Request, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306
Note : It can take up to 3 months (or more!) to get a copy of your FBI RAP sheet after sending in your forms and payment. [3250]
For more information, visit Frequently Asked Questions about Identity History Summary checks on the FBI’s website at: http://www.fbi.gov/about-us/cjis/identity-history-summary-checks/faqs . [3251]
OPTION 2: Ask an FBI-approved “Channeler” (While this is a faster process, it may include extra fees!)
An FBI - approved “Channeler” is a private business that has contracted with the FBI to be the “middle-man” when you request a copy of your FBI RAP sheet. The Channeler will collect your all of your fingerprints, personal data, and fee(s), and then send everything to the FBI for you. Afterward, the FBI will send your RAP sheet to the Channeler, and the Channeler will forward the RAP sheet to you. This is a faster process than requesting your RAP sheet from the FBI directly, but channelers generally charge extra fees. Contact each Channeler to learn more about their specific procedures and instructions, processing times, and costs.
STEP 1: Find an FBI-approved Channeler.
STEP 2: Contact the Channeler directly for specific instructions, fees, and processing times.
CASH OR PERSONAL/BUSINESS CHECKS
ARE NOT AN ACCEPTED FORM OF PAYMENT.
You can call the DOJ Record Review unit at (916) 227-3835 for the latest information on how to challenge what’s in your RAP sheet or to check on the status of a challenge that you have filed. This is an automated system (a recording) that contains information on many DOJ-related issues. Follow the prompts that ask you if you want to “verify or challenge the accuracy of your criminal history” or “check the status of a previously submitted request.” If you are asked to leave a message, make sure that your information is clear so that the right person can call you back.
When you received your RAP sheet, you should have also received a form called a “ Claim of Alleged Inaccuracy or Incompleteness ” (DOJ form BCIA 8706). This is the form you must fill out to challenge information in your state RAP sheet. If you do not have this form for any reason, you must contact the Department of Justice to request another copy. This form is not available online, or from any source other than the DOJ. If you cannot get the form, you can send a letter to the DOJ instead. [3252]
Fill out the “ Claim of Alleged Inaccuracy or Incompleteness ” form, or write your letter. Whether you are filling out the form or writing a letter, you need to explain, as specifically as possible, what the error is— why and how your record is inaccurate or incomplete. Examples of common errors include: [3253]
IMPORTANT! Make sure to fill out all of your personal information clearly and accurately, so the DOJ properly identifies you and investigates the right record!
You should give the DOJ any proof you have that the information in your RAP sheet is wrong, such as court records, transcripts, court orders, court minutes, a copy of the plea agreement, police records, or other paperwork or evidence that supports your claim. [3254]
IMPORTANT: Sending court records and documents. The Department of Justice does NOT have access to your court documents. If you need copies of court documents to give to the DOJ in order to prove your claim, you must get them from the court where your case was heard and send them to the DOJ yourself.
NOTE: The DOJ assumes that its records are correct. When the DOJ looks into a challenge like this, it often simply checks its version of your record against the copy of your RAP sheet that it sent you. If there is no difference between the two, the DOJ will assume that your RAP sheet is accurate. This is why you must provide proof that the DOJ’s version of your record is wrong!
Send the following documents to the DOJ: Your completed “ Claim of Alleged Inaccuracy or Incompleteness ” form or letter; a copy of your RAP sheet (keep a copy for yourself!); and any documents or other evidence to prove your claim. You should use the address on the claim form, as it will be the most current address. As of publication of this manual, your claim and supporting documents should be sent to:
Department of Justice
Bureau of Criminal Investigation and Identification
Record Review Unit
P.O. Box 903417
Sacramento, CA 94203-4170
After the DOJ has received your paperwork, it will review your claim and decide whether it agrees that your RAP sheet is wrong. If the DOJ agrees that the information in your record is wrong, it will make the changes and send you a new, corrected copy of your RAP sheet. [3255] It can take 2-4 weeks (or sometimes longer) for the DOJ to review all of your paperwork and get back to you with its decision.
If the DOJ does not agree that your record is wrong, you have the right to request an administrative hearing to challenge the decision. [3256] You should talk to a lawyer if you want to take the next step and request a hearing to challenge the DOJ.
If you have any additional questions about fixing errors in your RAP sheet, you can call the DOJ’s Record Review Unit at (916) 227-3835.
The FBI gets all of its criminal history information from other law enforcement and criminal justice agencies as well as courts throughout the U.S. The FBI can only change your information if the original agency or court (i.e., the one that sent the information to the FBI in the first place) tells the FBI to change it. If you think your FBI RAP sheet is inaccurate or incomplete, there are 2 ways to correct the information:
OPTION 1: Contact the court or agency that sent your information to the FBI
Note: Each entry on your FBI RAP sheet should list the specific agency that provided the information. This is how you can tell which agency sent the incorrect or incomplete information on your RAP sheet.
If the incorrect or missing information is from a CALIFORNIA law enforcement agency or court (for example, a local police department, county sheriff, California state agency, or California state court), contact the California Bureau of Criminal Information and Analysis, and ask them to send the FBI corrected or updated information for your Identity History Summary .
How to contact the California Bureau of Criminal Information and Analysis:
By mail
:
Bureau of Criminal History Information & Analysis
California Department of Justice, Room G-118
4949 Broadway
Sacramento, CA 95820-1528
By phone : (916) 227-3849
By email : appagencyquestions@doj.ca.gov . [3257]
If the incorrect or missing information is from a law enforcement agency, court, or criminal justice agency in ANOTHER STATE (for example, a local police department, county sheriff, court, or state agency in another state ), you will need to contact the state Identification Bureau for that state, and ask them to send the FBI corrected or updated information for your Identity History Summary .
You can find contact information for the Identification Bureau in every U.S. state on the FBI’s website at: http://www.fbi.gov/about-us/cjis/identity-history-summary-checks/state-identification-bureau-listing .
If the incorrect or missing information is from a FEDERAL law enforcement agency, court, or criminal justice agency, you will need to contact the specific agency that sent in your information—for example, the federal agency that arrested you, the federal prosecutor’s office that charged you, or the federal court that processed your case—and ask them to send the FBI corrected or updated information for your Identity History Summary .
The easiest way to find contact information for federal agencies and courts is to search on the Internet using search engines like Google.com or Yahoo.com .
OPTION 2: Go through the FBI directly.
If you don’t know where the incomplete or incorrect information on your RAP sheet came from, you can contact the FBI directly to challenge it, and ask them to correct it. [3258]
In your letter, you should: (1) clearly state that you think there is inaccurate or missing information in your Identity History Summary; (2) clearly identify what information you think is wrong; and (3) clearly explain why the information is wrong. (For a list of common RAP sheet errors, see APPENDIX F, on PG. 998.)
You should also send the FBI any proof you have that the particular information in your RAP sheet is wrong—such as court records, transcripts, court orders, court minutes, copy of a plea agreement, police records, or other paperwork or evidence that support your claim. For example, if your RAP sheet is missing information about the final outcome of a case, you should send court documents showing the final disposition.
Send your challenge letter and all your proof (supporting documents and evidence) to:
FBI Criminal Justice Information Services Division
Attention: Criminal History Analysis Tad
Clarksburg, WV 26306
The FBI will investigate whether the information in your RAP sheet is incomplete or incorrect by contacting the agencies that supplied it as well as other agencies that might have additional information about your case. If the FBI decides that your RAP sheet is wrong or incomplete, it will correct the mistake(s) and let you know.
In California, if you want to challenge information found in your background check, these are the steps you will need to take: [3259]
You must notify the background check company that ran your background check that there was a mistake in the information included in your background check report.
You have the right to know what internal procedures the background company uses to investigate your claim. You can ask the company for this information and they MUST provide it to you.
Once the company receives your letter, it MUST investigate your claim free of charge. [3262]
The background check company will make a decision about the information you challenged, and must respond to you within 30 days. If you give the company more information that affects the investigation during the 30-day period, the agency can extend the investigation for an extra 15 days. Based on its investigation, the company MUST:
If an employer, private landlord, government agency, or anyone else ran a background check on you within the past 2 years that contained information that you believe was wrong or incomplete, be sure sure to have the background check company notify them that the information is wrong or is in dispute.
If the agency corrects or removes any information in your background check, or if you add a statement of dispute to your file, you should ask the background check company to send a notice of the change to ANYONE who received your background check in the last 2 years . [3269]
If a background check company REMOVES challenged information from your background check, it can REINSERT (put back) the information if the company later finds that the information is true.
Why would a background check company PUT BACK information that it previously removed? Sometimes a background check company will REMOVE information from your background check—for example, because it could not confirm that the information was true—but later, the company will find out that the information was true and PUT IT BACK on your background check report to make the report complete.
REQUEST [Date] TO: [Name of background check company] [Address of company] Dear Sir or Madam,I hereby request that you reinvestigate the following information contained in your files on me: [description of information that is incorrect or incomplete] .This information is disputed for the following reasons: [describe why the information is wrong] .Please advise me of the results of your reinvestigation.If the reinvestigation does not resolve our differences concerning the foregoing, I shall provide you with a brief statement for inclusion in any subsequent investigative consumer report concerning me.This request is made pursuant to Civ. Code, § 1786.24.Very truly yours, [Your signature][Your name][Your address]
STATEMENT OF DISPUTE [Date] I hereby dispute the following information in my files: [description of information that is incorrect or incomplete] .This information is disputed for the following reasons: [describe why the information is wrong] .This statement of dispute is made pursuant to Civ. Code, § 1786.24.Signed, [Your signature][Your name][Your address]
In most cases, you will need to file papers in court and ask a judge to expunge your conviction. This process is called a Petition for Dismissal . The process is almost the same for requesting mandatory or discretionary dismissal, but there are a few small differences. Remember, it is always good to ask a lawyer for assistance, especially if you are requesting discretionary dismissal.
The court clerk is the person who oversees all of the court’s records, legal documents, and administration. Some courts may have a separate clerk for each department of the court (e.g., criminal court, traffic court, probate court, etc.). If this is the case, you will need to get help from the criminal court clerk. Usually, the clerk will have a separate office, counter, or window at the courthouse. When you go to the courthouse, ask someone where the clerk’s office is if you can’t find it.
Find California Court Form CR-180 and CR-181 (Petition and Order for Dismissal)in Appendix KK, on PG. 1057.
IMPORTANT: If you have convictions from multiple cases, you will need to file a separate petition for each case .
Here are some tips for filling out the forms:
***FOR A DISCRETIONARY DISMISSAL , GO TO STEP 3. FOR MANDATORY DISMISSAL , SKIP TO STEP 4.***
If you are requesting a discretionary dismissal, you will also need to include the following documents. ( Note : Make a photocopy of any documents you send with your petition, and keep the original for yourself!)
After you have filled out your petition and attached your supporting documents, you will need to make several copies of everything. Ask the court clerk how many copies are required by the court in your county. If you can’t talk to the clerk, make at least five copies to be safe.
Often, the original petition goes in the court’s file (the “docket”), one copy goes to the District Attorney, one copy goes to the probation department, and one “courtesy” copy is saved for the judge. But these procedures may vary by county, so it’s important to ask the clerk how many copies you need to make.
What is “service” and how do I do it? [3273] Service is the formal process of giving copies of the documents in a court case to the other people connected with the case. It is a very important step because it lets the other people know 1) that your court case exists, and 2) what actions have been taken in the case so far. A case CANNOT go forward until the court documents are properly served (delivered). The most common methods of service are in person or by mail, although in come situations, service can be by fax or email also.
In general, for an expungement petition, your papers have to be served on the District Attorney and the county probation department . Ask the court clerk whether there is anyone else who needs to get the papers also.
After your papers have been “served” on all of the other parties, bring the following documents to the court clerk: Your original Petition ; your additional supporting documents (if you are requesting a discretionary dismissal); one set of copies for your records; AND the Proof of Service for your Petition. The clerk will stamp your papers with the date and give you a stamped copy. Remember, the court clerk will usually have an office or counter at the courthouse, so that’s where you will need to go to file your papers. The clerk may or may not give you a court date for a hearing before a judge.
If you are given a hearing date, you or your lawyer MUST go to court for the hearing!
After the judge grants your expungement and signs the Order making it official, the court will send the information to the Department of Justice and other law enforcement agencies. It may take a few months for these agencies to correct your official criminal record (RAP sheet) to show that your conviction was expunged. You should follow up with the Department of Justice in 3-4 months to confirm that the changes were made. Remember, expungement does NOT erase the conviction from your criminal record. Instead, your RAP sheet will state that your case has been “ dismissed [in] furtherance of justice (DISM, FURTH OF JUST) ” OR “ dismissed pursuant to PC 1203.4 .”
If the DOJ has NOT corrected your record after several months, you may need to ask them to do so by filing a “Claim of Alleged Inaccuracy or Incompleteness” (form BCIA 8706). The process for challenging and correcting information in your RAP sheet is detailed in APPENDIX F, on PG. 998.
If your petition for expungement is denied, you are allowed to file it again (“re-file”). At the end of your hearing, ask the judge to explain the reason why s/he did not grant your request for an expungement, so that you can take steps to fix the problem before you re-file your Petition. If you forget to ask or cannot get this information from the judge for some reason, try calling the court clerk to see if he or she can help you figure out what to do to make sure your Petition is granted the next time. [3275]
The declaration is your chance to present evidence to convince the judge that you deserve an expungement. Here are some tips for writing your declaration: [3276]
SAMPLE DECLARATION IN SUPPORT OF 1203.4 PETITION
NAME
ADDRESS
SUPERIOR COURT OF CALIFORNIA
COUNTY OF _______
PEOPLE OF THE STATE OF CALIFORNIA, Case No.:
Plaintiff DECLARATION IN SUPPORT OF
VS. PETITION UNDER P.C. 1203.4
NAME
Defendant
---------------------------------------------------------------------------------------------------------------------------------
I, NAME, declare:
I believe the following facts justify my petition for expungement:
1. I was convicted of violating California Penal Code, (describe offense), committed on DATE. (Briefly describe circumstances of cases)
2. (Describe life circumstances at time of conviction, e.g.: In 1997, after this conviction for possession of methamphetamines, I was literally “scared straight. I realized that I needed to change my life entirely; I decided to get clean. Although it was difficult, I stopped doing drugs on my own.)
3. (Describe life circumstances since incident/conviction, e.g.: I have not had alcohol for over 10 years. I have not done any drugs for five years. Over the past year, I have participated in Alcoholics Anonymous to get support for staying “clean and sober,” and in order to get my drivers license back to help with finding
and retaining a job. I am in the process of joining a labor union of cement masons in order to find work. I am living at a shelter until I can find employment.)
4. (Describe/explain any other contacts with law enforcement since the incident/conviction, e.g. since the 1997 convictions, I have had one contact with law enforcement. I was cited and released for driving on a suspended license. Currently, I am working with the DMV and the courts to get my drivers license
back and clear this violation from my record.)
5. (Describe why you need an expungement, e.g., my prior conviction is greatly limiting my job opportunities and an expungement would allow me to work and achieve my goal of self- sufficiency and continued sobriety. I respectfully request that the court use its discretion to expunge my misdemeanor conviction and grant me a second chance to work and support myself. I declare under penalty of perjury of the laws of the State of California that the above is true and correct to the best of my knowledge.
Executed on DATE, at CITY, California
Date
To Whom It May Concern:
Name has been a wonderful position or volunteer with name of organization or company since date. (Include a description of the organization or company and the work they do).
Name volunteers/works an average of # hours per week with varied duties. (Describe nature of work performed, e.g. filing and light clerical, coaching a boys’ basketball team, or assisting with youth programming. Also include ways that the petitioner excels and other commentary on the petitioner’s commitment to volunteering or working).
Name genuinely enjoys helping people, and she/he has actively sought out ways to get more involved with the work of name of organization or company. (Include any examples of ways the petitioner has gone the extra mile, e.g. available in a pinch, covers for others, represented the organization at an event).
(Closing remarks to reinforce the quality of the work/volunteer efforts of the petitioner, e.g., it has been a delight having X volunteer at our office; his/her assistance is truly appreciated.).
Sincerely,
Your name Title
To request early release from probation, you will need to file a Motion for Early Termination of Probation in the court where you were convicted. Because this process requires drafting a formal court pleading with accompanying documents, it is recommended that you ask a lawyer for help. Ideally, you should contact the lawyer who represented you when you were sentenced, but any private criminal defense lawyer or Public Defender should be able to help you.
Remember, it is recommended that you ask a lawyer to help you with your Motion for Early Termination of Probation . But if you cannot get a lawyer or want to do it on your own, you can find helpful information on the California Courts website:
The process for filing a Motion for Early Termination of Probation is as follows:
There is no official court form for this motion, so you or your lawyer will have to write your own motion. Your motion will consist of these 5 parts: [3277]
Be aware that the clerk will charge you fees for filing documents with the court. The amount of the fees will vary by county. If you cannot afford to pay the fees, you can request a fee waiver (meaning you do not have to pay the fees). Ask the clerk how much the fees are and how to request a fee waiver.
As Part of Your Expungement Petition:
If you want to reduce your felony conviction to a misdemeanor AND get your conviction expunged, it is very easy to do both at the same time When you have your court hearing for your expungement, the judge will consider both requests—first your request to reduce the conviction to a misdemeanor, and then your request to have it expunged. If you meet all the requirements, usually the judge will grant both of your requests together. (For a list of the requirements for reducing a felony to a misdemeanor, see PG. 951. For expungement requirements, see PG. 942.)
There are two main steps to this process:
Again, usually the judge will make a decision on both of your requests together.
As a Separate Petition:
If the judge does NOT reduce your felony conviction to a misdemeanor, or if your felony is eligible for reduction but not expungement, you may need to file a separate petition to get it reduced. Your petition will need to show the judge that your felony conviction meets all the requirements to be reduced to a misdemeanor (see PG. 951 for a list of these requirements), and explain why you deserve to have your conviction reduced. It will be entirely up to the judge to decide whether your conviction should be reduced. PLEASE NOTE: This is a formal court document, not just a form you fill out, so it is recommended that you ask a lawyer to help you.
Your petition will have of 3 parts:
Factors the Judge May Consider:
When the judge decides whether or not to reduce your felony to a misdemeanor, here are some of the things s/he will consider. You should emphasize these in your petition:
As we said, you should ask a lawyer to help you prepare your petition, however, we have included an example in this appendix for your reference.
NOTE: There is no universal, statewide petition for resentencing and reclassification under Prop. 47. Each local court has created its own version of the petition, so you will have to get the local form from the clerk of the court where you were convicted. Most courts have created a single form that covers both resentencing and reclassification.
If you are currently serving your sentence (“under sentence”) for an offense that qualifies under Prop. 47, and you are NOT excluded by one of the disqualifying convictions, you may be eligible for RESENTENCING. [3282]
You will need to get the court forms from the clerk at the court where you were convicted. These forms are straightforward and simple to fill out—you just need to fill in information about your conviction (date of conviction, penal code section, and sentence), and check the box indicating that you are currently “under sentence” and requesting to be resentenced . (Sample petitions from SF, LA, and Sacramento Counties are included in APPENDIX GG, on PG. 1061.)
You will need to file your petition with the court clerk of the court where you were convicted, and then serve (deliver) copies of your court papers on the District Attorney and any other people who are part of the case. (Ask the court clerk who you need to serve with your court papers).
After you file your petition, a judge will review it to make sure you are eligible (qualify) for resentencing. [3283] Remember, in order to qualify for resentencing, you must meet all of the following requirements:
If your conviction is eligible, your criminal history does not disqualify you, and the judge does not think you pose an unreasonable risk to public safety, you are entitled to be resentenced to a misdemeanor sentence. This means that your felony sentence will be reduced to a misdemeanor sentence instead! You will get credit for the time you’ve already served, so if you have already served the equivalent of a misdemeanor sentence, you can be released from custody right away. [3287]
If you already completed your sentence (including any parole or probation term) for an offense that qualifies under Prop. 47, and you are NOT excluded by one of the disqualifying convictions, you may be eligible to have your felony RECLASSIFIED as a misdemeanor. Unfortunately, you cannot get back the time that you served for the felony, but you can change your criminal record to show a misdemeanor conviction instead of a felony conviction.
Just as for resentencing, you will need to fill out and file a petition for reclassification. Most courts use a single form for resentencing and reclassification, which you should get from the clerk at the court where you were convicted. When you fill out the form, you will need to fill in basic information about your conviction (such as the date of conviction, penal code section, and your sentence), and then check the box indicating that you are requesting reclassification.
File your petition with the clerk of the court where you were convicted, and then serve (deliver) copies of your court papers on the District Attorney and any other people who are part of the case. Ask the court clerk who else you need to serve with your court papers.
Once your petition is filed, a judge will review it to make sure you qualify for reclassification. [3289] The judge will check to see whether your conviction offense qualifies under Prop. 47 (see PG. 954) and whether you have any prior convictions that disqualify you (see PG. 954). [3290] Generally, you will not need to request a hearing for reclassification, however, it is possible that you will need one if you have to prove the value of the property involved in your offense to make sure it qualifies.
If you meet the requirements, the judge MUST reclassify your conviction as a misdemeanor.
See next page.
The period of rehabilitation is five years residence in California PLUS a period of time (for most, +2 years, but there are exceptions listed below). To figure out your period of rehabilitation, you add the base term of 5 years plus an additional amount of time based on your conviction offense: [3291]
In addition to the above requirements, you must have completed any term of probation or parole that was part of your sentence or was a condition of your release. HOWEVER, the time you spend on probation or parole counts toward your total “period of rehabilitation.”
NOTE: If you served consecutive prison terms, the judge may think that you should wait for a longer period of rehabilitation. If this happens, the judge will deny your COR the first time you apply, and will tell you how much additional time you must wait before you can re-apply. [3292]
NOTE: It is possible to apply for a Certificate of Rehabilitation before the end of your period of rehabilitation. You must convince the judge that granting your Certificate of Rehabilitation early serves the “interests of justice.” [3293] In other words, you’d better have a really good reason why you should get a COR early. The judge may consider your good conduct, rehabilitation efforts, and how important getting a COR is to your success in the future. (This option is not available to you if you are required to register as a sex offender under California Penal Code section 290.)
If you meet all of the eligibility requirements for a Certificate of Rehabilitation (see PG. 964) AND you have completed the period of rehabilitation (see APPENDIX W, on PG. 1043) (or you want to request a COR early), you will need to file papers (called a Petition for Certificate of Rehabilitation ) in the criminal court in the county where you currently live . Just like in your criminal case, you have the right to a lawyer to help you with the process of requesting a COR.
NOTE: You must request a Certificate of Rehabilitation from the court in the county where you currently live .
The judge wants to know that you are truly rehabilitated. You will need to show that since your release from prison or jail:
The judge will consider all of these factors when deciding whether or not to grant your COR. Your petition should:
If the judge grants your request for a Certificate of Rehabilitation, s/he will give you your certificate, and will also send a copy to the Governor’s Office. The COR serves as an official recommendation from the judge that the Governor grant you a full pardon. The COR also automatically serves as your application to the Governor for a pardon, so you will not have to do anything more to apply for one. [3299] (For information about Governor’s pardons, see PG. 967, and APPENDIX Y, on PG. 1046.)
You will need to fill out the “Application for Gubernatorial Pardon” with information about the conviction you want pardoned, any other convictions on your record, and why you deserve a pardon.
You can get the application online at: http://gov.ca.gov/s_pardonsandcommutations.php , or request an application by mail by writing to the Governor’s office at the address below:
Governor’s Office
State Capitol
ATTN: Legal Affairs
Sacramento, CA 95814
(There is a sample application in included in APPENDIX HH, on PG. 1067, but you should get the most up-to-date version from the Governor’s Office or online, in case there are recent changes).
To complete the application, you will need to the following information:
IMPORTANT: If you are directly applying for a “Traditional Pardon,” also called a “Direct Pardon,” from the Governor, you may want to emphasize and explain the following:
At least 10 days after you have sent your notice to the DA(s) in every county where you have convictions to be pardoned, you will mail your completed Application for Gubernatorial Pardon to the Governor’s Office: [3303]
Governor’s Office
State Capitol
ATTN: Legal Affairs
Sacramento, CA 95814
After you have submitted your application, the Governor will begin a review of your case. S/he may request that the judge of the court in which you were convicted, or the DA who prosecuted you, provide a summary of the facts of your case as well as a recommendation on whether or not your pardon should be granted. [3304] The Governor will also typically forward your application to the Board of Parole Hearings for its opinion. [3305] The BPH may then investigate your application by reviewing transcripts and documents from your trial (or any other proceedings in our case), examining witnesses, taking testimony, or whatever else it finds necessary to evaluate your application. The BPH will then make a recommendation to the Governor. [3306] Remember, if you were convicted of more than one felony, the Governor MUST forward your application to the BPH for review. [3307]
IMPORTANT: If you were convicted of more than one felony, the Governor CANNOT grant your pardon without a recommendation from the California Supreme Court. [3308] However, the Governor does not have to send your application to the Supreme Court to get its recommendation in the first place!
To get your arrest record sealed, you will need to go through the law enforcement agency and/or court in the county where you were arrested, depending on your situation.
You will first need to get and fill a “ Petition and Order to Seal and Destroy Adult Arrest Records .” Some counties have their own local forms to use for this, but you can always use the standard Department of Justice form. [3309]
To find your county’s local forms (if your county has them), you can check with the county court or on the court’s website, or contact the law enforcement agency that arrested you.
You can find the standard Department of Justice form on the DOJ website at: http://ag.ca.gov/idtheft/forms/bcii_8270.pdf .
To complete the petition, you will need the following information:
You will also need to get copies of any documents or other evidence in support of your petition. This may include declarations, affidavits, police reports, or anything else that you can use to prove your factual innocence. These will become part of your petition. Make extra copies of your Petition and all supporting documents (at least 4 copies). A sample petition is available in APPENDIX II, on PG. 1071.
After you have completed the forms, you will need to file your petition and any supporting documents, with the correct agency. Where you file your petition depends on your situation:
If the court finds that you are factually innocent, the judge will grant your petition and order that your arrest record and all related information be sealed for three years and then destroyed. If the judge does not find you factually innocent (denies your petition), you can appeal the decision.
It is very important that you get a copy of your juvenile record and know exactly what is in it, because you will need this information to fill out your court forms properly. You can get a copy of your juvenile from the Clerk’s Office of the Juvenile Court where your case was adjudicated. [3315] Make sure you bring a photo ID with you, or you will not be able to get your record.
When you go to the clerk’s office to get a copy of your juvenile record, you should also ask the clerk for a copy of the proper form, called a Petition to Seal Juvenile Records , and any instructions that go with it. Follow the instructions carefully, especially when you are asked to list the arrests or charges that you want sealed. ONLY THE ONES YOU LIST WILL BE SEALED! This is why it is important to have a copy of your juvenile record with you so you do not miss anything. [3316]
If the judge denies your petition, ask the judge if and when you will be able to re-file your petition. You should also ask the judge for the reasons why s/he denied your petition, so that you can fix or address any problems before you re-file.
IMPORTANT: As of January 1, 2015, California Welfare & Institutions Code Section 786 changed so that juveniles who successfully complete probation, and otherwise qualify to have their record sealed, will have their juvenile record automatically sealed by the judge, without having to file a petition in court or do anything else. [3317] However, this DOES NOT apply to juveniles who completed their probation BEFORE January 1, 2015. If you completed your juvenile probation BEFORE January 1, 2015, you will still need to file a petition in court to have your juvenile record sealed.
The DOJ’s Streamlined DNA Expungement Application form is available online at https://oag.ca.gov/sites/all/files/agweb/pdfs/bfs/expungement_app.pdf?
(Note: this is the fastest and easiest way to get your DNA expunged)
If you meet all of the requirements for California DNA expungement, you should:
California Department of Justice
CAL-DNA Data Bank Program
Attn: Expungement Requests
1001 W. Cutting Blvd., Suite 110
Richmond, CA 94804
If you meet all of the requirements and have included all required documents, your DNA MUST be expunged from the California database. [3318] The process usually takes about 2-4 weeks for your DNA to be removed. [3319]
If your request for DNA expungement is denied, you can still file a new request for DNA expungement in court. (However, if your first request is denied, you may want to talk to a lawyer before filing a new request in court, since this may mean that you have another conviction on your record that disqualifies you from DNA expungement.)
(Note: You can do this if your direct request to the DOJ was denied)
To request DNA expungement in court, you will need to:
You will need to get the court order from the federal court where your case was heard. The court order must be certified by the court clerk (meaning it is a true and accurate copy of the original court order), and must include enough personal information to identify you as the defendant in the case (including your full name, social security number, and/or date of birth). Both the judge and the clerk must sign and date the certified copy of the court order.
For more information about DNA expungement in California in general, see Getting Expunged or Removed from the CAL-DNA Data Bank on the California DOJ’s website at: https://oag.ca.gov/bfs/prop69/faqs .
If you meet all of the requirements to expunge your DNA from a federal arrest or conviction (PG. 988), you must:
Federal Bureau of Investigation
Laboratory Division
2501 Investigation Parkway
Quantico, VA 22135
Attention: Federal Convicted Offender Program Manager
For more information on expungement of DNA from the national database, visit the FBI’s website on CODIS—Expungement Policy, available at http://www.fbi.gov/about-us/lab/biometric-analysis/codis/codis_expungement .
See next page.
3M Cogent Systems
www.cogentid.com
(614) 718-9691
Accurate Biometrics
www.accuratebiometrics.com
(773) 685-5699
Biometrics4All, Inc.
www.applicantservices.com
(714) 568-9888
Daon Trusted Identity Services, Inc
.
www.daontis.com/fl/index.html
(703) 797-2562
Eid Passport, Inc.
www.eidpassport.com
(855) 531-5827
Fieldprint, Inc.
www.fieldprint.com/FBI
(877) 614-4364
Inquiries, Inc.
www.inquiriesinc.com
(866) 987-3767
MorphoTrust
www.IdentoGO.com/FBICheck
(877) 783-4187
National Background Check, Inc.
www.nationalbackgroundcheck.com
(877) 932-2435
National Credit Reporting
www.myFBIreport.com
(800) 441-1661
Telos Identity Management Solutions, L
LC
https://enroll.idvetting.com
(800) 714-3557
TRP Associates, LLC dba ID Solutions
www.trpassociates.net
(877) 885-1511
VetConnex
www.vetconnex.com
(952) 224-865
See next page.
See the next five pages, and use only the forms that are appropriate for your county .
SAN FRANCISCO
SAN FRANCISCO
SAN FRANCISCO
SACRAMENTO
LOS ANGELES
See next page.
See next page.
This Appendix includes a list of legal aid providers across the state of California—and even a few national ones—that may be able to help you with your legal issues.
To find a legal aid organization near you, you can also try the following resources:
Chapter 1 | LEGAL AID FOR GETTING ID & KEY DOCUMENTS, VOTING RIGHTS QUESTIONS
Northern California
Bay Area
Central Valley & Central Coast
Southern California
VOTING RIGHTS:
Bay Area
Chapter 2 | LEGAL AID FOR PAROLE & PROBATION ISSUES
PAROLE & PROBATION CONDITIONS, TRANSFERS & OTHERS ISSUES:
PAROLE RELEASE:
Bay Area
Chapter 3 | LEGAL AID FOR HOUSING ISSUES
Northern California
Bay Area
Central Valley & Central Coast
Chapter 4 | LEGAL AID FOR PUBLIC BENEFITS
Northern California
Bay Area
Central Valley & Central Coast
Southern California
Chapter 5 | LEGAL AID FOR EMPLOYMENT ISSUES
Northern California
Bay Area
Central Valley & Central Coast
Southern California
Chapter 6 | LEGAL AID FOR COURT-ORDERED DEBT
Northern California
Bay Area
Central Valley & Central Coast
Southern California
Chapter 7 | LEGAL AID FOR FAMILY & CHILDREN ISSUES
Self-Help Family Law Resource You Will Find in Almost Every County in California:
Northern California
Bay Area
Central Valley & Central Coast
Southern California
Chapter 8 | LEGAL AID FOR EDUCATION
Northern California
Bay Area
Central Valley & Central Coast
Southern California
Chapter 9 | LEGAL AID FOR EXPUNGEMENT & CLEANING UP YOUR CRIMINAL RECORD
Northern California
Bay Area
Central Valley & Central Coast
Southern California
Other Issues:
> LEGAL AID FOR PRISON CONDITIONS:
NOTE: Most of the organizations listed under this category of “Legal Aid for Prison Conditions” will do statewide work, even if their headquarters is located in a particular region of California, so you should contact any and all of these organizations with questions related to prison conditions.
Statewide
Central Valley & Central Coast
> LEGAL AID FOR POST-CONVICTION IMMIGRATION CONSEQUENCES:
NATIONAL RESOURCES:
DEAR READERS:
Root & Rebound is a reentry legal advocacy nonprofit. Our approach is based on the idea that attorneys and advocates can transfer powerful legal knowledge and skills to those who are in reentry and otherwise impacted by the criminal justice system, as well as the families, agencies, and communities that support them. With such a severe "justice gap" in our country and only one legal aid attorney for every 8,000 indigent people in California, we aim to create and share reentry legal information and resources that empower people to know their rights and options in reentry, with an educational approach instead of the traditional 1-to-1 client-attorney relationship.
As part of our approach, we produce reentry resources like the Roadmap to Reentry: A California Legal Guide , and other accompanying toolkits; we train community members, currently and formerly incarcerated people, and professionals working with the reentry population on this information; we run our weekly Reentry Legal Hotline (every Friday, 9 a.m. – 5 p.m., at 510-279-4662—we accept Collect Calls); and we respond to prison mail from currently incarcerated people looking for information about their rights, options, and supportive services in reentry.
We realize that information about legal issues related to reentry are often accompanied by the need to meet other basic needs post-release as well, things like food, housing, employment, health care and treatment , and other forms of social services support. While Root & Rebound is NOT a social service agency—meaning we do not directly provide housing or jobs—we recognize the importance of making those connections with social services providers in the community and do our absolute best to know which agencies across the state of California are providing supportive social services to people in reentry.
We are constantly discovering new community resources in California, and they are always expanding, diversifying, closing or otherwise changing. Because of this, it was not practical to list every social service agency in our Roadmap to Reentry guide. Instead, we have created a series of county-based template information letters at our office. The information letters are collections of referral lists and flyers, guides produced by other organizations, and directories from county governments, as well as contact information for the organizations we have worked with or trained in the past. We add to these templates when we find new resources and try to check to make sure the contact information is current on a yearly basis—but we do not have the capacity as a legal office to make sure they are 100% up-to-date.
If you would like a social service referral in the community to which you are returning (for example, you are looking for food, housing, employment or workforce development services, public benefits enrollment, health care, reentry support, legal aid services, etc.), OR believe you know of agencies and services that we don’t , please feel free to write Root & Rebound a letter at the following mailing address: 1730 Franklin St., Suite 300, Oakland, CA 94612, or call our Reentry Legal Hotline any Friday, from 9 a.m. – 5 p.m., at phone number (510) 279-4662 (we accept Collect Calls). You may ask for resources for all counties you are interested in, and we will send you the information that we have in our office. In addition to contacting our office, you can also try some of the following statewide resources listed below for referrals.
Finally, we have listed here some resources that are specific to certain populations, which may be helpful, and which you may write or call us to request.
NOTES
NOTES
Thank you to Charles Halpern and Dan Carlin of the University of California’s Berkeley Initiative for Mindfulness in the Law (BMIL) for providing these mindfulness techniques. ↑
Adapted from John Jay College of Criminal Justice, Back to School: A Guide to Continuing Your Education after Prison, 20 (July 2010), available at http://www.jjay.cuny.edu/backtoschoolsummer2010revision.pdf . ↑
Cal. Penal Code § 3007.05. ↑
See Cal. Civ. Proc. Code §§ 1275-1279.5; see also Change an Adult’s Name, Cal. Superior Courts, http://www.courts.ca.gov/1051.htm . ↑
See Cal. Civ. Proc. Code § 1279.5. ↑
See “Name Changes,” The Law Office of Natalia Malyshkina, http://www.immigration-business-law.com/name-changes.html . ↑
California Franchise Tax Board, Report Scams, Identity Theft & Tax Fraud, https://www.ftb.ca.gov/online/fraud_referral/index.shtml ↑
Federal Trade Commission, Identity Theft: A Recovery Plan, https://www.bulkorder.ftc.gov/sites/bulkorder.ftc.gov/files/styles/publications_node/public/images/501a_pdf-0009-identity-theft-a-recovery-plan.png?itok=GoUAJ6rr ↑
State of California Department of Justice, Identity Theft Victim Checklist, https://oag.ca.gov/idtheft/facts/victim-checklist ↑
See Cal. Health & Safety Code § 102230. ↑
See Cal. Health & Safety Code § 102230. ↑
See Cal. Health & Safety Code §§ 102200, 102205. ↑
See Cal. Health & Safety Code §§ 103525, 103526. ↑
See the complete state rules for notarization procedures in Cal. Health & Safety Code § 1185 et seq. ↑
See CDCR DOM § 14010.22 ↑
Cal. Gov’t Code § 8211. ↑
Cal. Health & Safety Code § 103526. ↑
Cal. Health & Safety Code §§ 103525,103526. ↑
Cal. Health & Safety Code §§ 103525, 103526. ↑
Cal. Health & Safety Code § 103526 (full list of everyone authorized to get a birth certificate). ↑
Cal. Health & Safety Code § 103526(b). ↑
The direct online link to the application Form VS 111 is http://www.cdph.ca.gov/pubsforms/forms/CtrldForms/VS111.pdf ↑
Sworn Statement, Cal. Dep’t of Public Health, http://www.cdph.ca.gov/certlic/birthdeathmar/Pages/SwornStatement.aspx . ↑
Fees, Cal. Dep’t of Public Health, http://www.cdph.ca.gov/certlic/birthdeathmar/Pages/Fees.aspx . ↑
Fees, Cal. Dep’t of Public Health, http://www.cdph.ca.gov/certlic/birthdeathmar/Pages/Fees.aspx . ↑
Obtaining Certified Copies of Birth & Death Records, Cal. Dep’t of Public Health, http://www.cdph.ca.gov/certlic/birthdeathmar/Pages/CertifiedCopiesofBirthDeathRecords.aspx. ↑
As of last revision, the direct link to the CDPH listing of county recorder’s offices is http://www.cdph.ca.gov/certlic/birthdeathmar/Pages/CountyRecorderOffice.aspx . ↑
See Verizon Wireless, http://www.verizonwireless.com/support/faqs/FeaturesandOptionalServices/faq_411_connect.html ; AT&T, http://www.att.com/esupport/article.jsp?sid=53418&cv=820#fbid=dwcrbDNNoOg . ↑
Telephone call with Elsie, clerk-recorder, Alameda County Clerk-Recorder’s Office (July 11, 2014). ↑
Centers for Disease Control and Prevention, http://www.cdc.gov/ . ↑
Secondary Evidence of U.S. Citizenship, U.S. Department of State, Bureau of Consular Affairs, http://travel.state.gov/content/passports/english/passports/information/secondary-evidence.html . ↑
When you were adopted in the Unites States, your birth certificate was changed to reflect your adoptive information—whether you were born in the U.S. or not—and your original birth information was sealed. Therefore, the existing birth record will have your adoptive information. ↑
Cal. Dep’t of Public Health, Application for Certified Copy of Birth Record (Form VS 111) (Jan. 2014), http://www.cdph.ca.gov/pubsforms/forms/CtrldForms/VS111.pdf . ↑
Where to Write for Vital Records, CDC, Nat’l Ctr. for Health Statistics, Division of Vital Statistics, Office of Information Services (July 2014), http://stacks.cdc.gov/view/cdc/22310 . ↑
Where to Write for Vital Records, CDC, Nat’l Ctr. for Health Statistics, Division of Vital Statistics, Office of Information Services (July 2014), http://stacks.cdc.gov/view/cdc/22310 . ↑
Note: Until January 3, 2011, the document issued for this purpose was “Certificate of Report of Birth Abroad,” or “Form DS-1350,”also called “CRBA.” The Department of State no longer issues Form DS-1350 for new births. However, if this was the document issued when your parents registered your birth, it is still valid for the same purposes as a Form FS-240, and you can still request a copy by taking the same steps you would to request a Form FS-240. See Foreign Birth and Death Certificates, CDC, http://www.cdc.gov/nchs/w2w/foreign.htm ; Birth of U.S. Citizens Abroad, U.S. Department of State, Bureau of Consular Affairs, http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html . ↑
See Foreign Birth and Death Certificates, CDC, http://www.cdc.gov/nchs/w2w/foreign.htm ; Replace or Amend a Consular Report of Birth Abroad (CRBA), U.S. Department of State, Bureau of Consular Affairs, http://travel.state.gov/content/passports/english/abroad/events-and-records/birth/replace-or-amend-consular-report-of-birth-abroad.html . ↑
8 C.F.R. § 301. ↑
Application for Replacement Naturalization/Citizenship Document, U.S. Citizenship and Immigration Services, http://www.U.S.C.is.gov/n-565 . ↑
New or Replacement Social Security Number Card, Soc. Sec. Admin., http://www.ssa.gov/ssnumber/ . ↑
New or Replacement Social Security Number Card, Soc. Sec. Admin., http://www.ssa.gov/ssnumber/ . ↑
New or Replacement Social Security Number Card, Soc. Sec. Admin., http://www.ssa.gov/ssnumber/ . ↑
How do I apply for a new or replacement Social Security card?, Soc. Sec. Admin., https://faq.ssa.gov/ics/support/kbanswer.asp?QuestionID=3755 . ↑
New or replacement Social Security Number Card, Soc. Sec. Admin., http://www.ssa.gov/ssnumber/ . ↑
Soc. Sec. Admin., Program Operations Manual System, RM 10225.125 Replacement SSN Cards for Prison Inmates Covered by a Memorandum of Understanding (February 27, 2014). ↑
Soc. Sec. Admin., Program Operations Manual System, RM 10225.145 Processing SS-5 (Social Security Card Application for Prisoners Under Terms of a Memorandum of Understanding (MOU) (March 3, 2011). ↑
Soc. Sec. Admin., Program Operations Manual System, RM 10225.125 Replacement SSN Cards for Prison Inmates Covered by a Memorandum of Understanding (February 27, 2014), RM 10225.130 Negotiating a Memorandum of Understanding (MOU) to Process Replacement SSN Cards for Prison Inmates (Oct. 27, 2009), RM 10225.135 Elements of Prisoner Replacement Card Memorandum of Understanding (MOU) (Oct. 27, 2009). ↑
Soc. Sec. Admin., Program Operations Manual System, RM 10210.405 Evidence of Identity for an SSN Card (March 20, 2013). ↑
Soc. Sec. Admin., Program Operations Manual System, RM 10210.020 Policy for Number of Documents Required for an SSN Card (March 20, 2014). ↑
Soc. Sec. Admin., Program Operations Manual System, RM 10210.405 Evidence of Identity for an SSN Card (March 20, 2013); RM 10210.420 Priority List of Acceptable Evidence of Identity Documents (Nov. 17, 2014). ↑
See Application for a Social Security Card (Form SS-5), Soc. Sec. Admin. (Aug. 2011). ↑
Soc. Sec. Admin., Program Operations Manual System, RM 10210.405 Evidence of Identity for an SSN Card (March 20, 2013); RM 10210.420 Priority List of Acceptable Evidence of Identity Documents (Nov. 17, 2014); RM 10210.430 What Documents Are Not Evidence of Identity for an SSN Card (March 20, 2013). ↑
Soc. Sec. Admin., Program Operations Manual System, RM 10210.405 Evidence of Identity for an SSN Card (March 20, 2013). ↑
Learn What Documents You Need to Get a Social Security Card, Soc. Sec. Admin., http://www.socialsecurity.gov/ssnumber/ss5doc.htm . ↑
Soc. Sec. Admin., Program Operations Manual System, RM 10210.020 Policy for Number of Documents Required for an SSN Card (Sept. 30 2013). ↑
Soc. Sec. Admin., Program Operations Manual System, RM 10210.405 Evidence of Identity for an SSN Card (March 20, 2013); RM 10210.420 Priority List of Acceptable Evidence of Identity Documents (Nov. 17, 2014); RM 10210.430 What Documents Are Not Evidence of Identity for an SSN Card (March 20, 2013). ↑
Soc. Sec. Admin., Program Operations Manual System, RM 10210.210 Reviewing Age, Identity, Citizenship and Lawful Alien Status Evidence for an SSN Card; RM 10210.410 How Do you Examine, Evaluate, and Assess Documents Submitted as Evidence of Identity (March 20, 2013). ↑
Soc. Sec. Admin., Program Operations Manual System, RM 102201.025 Enumeration Process: SSA Component Responsibilities (Feb. 27, 2014). ↑
Soc. Sec. Admin., Program Operations Manual System, RM 10205.100 How Long Does it Take to Get an SSN Card? (March 3, 2013). ↑
Driver License and Identification Card Information, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm#idcard . ↑
Cal. Veh. Code §§ 12800-12801, 12801.9. ↑
Cal. Penal Code § 3007.05 (2015); California Identification (CAL-ID) Card Program, Cal. Dep’t of Corr. & Rehab., http://www.cdcr.ca.gov/rehabilitation/cal-id.html . ↑
Cal. Penal Code § 3007.05 (2015). ↑
See Cal. Penal Code § 3007.05 (“CDCR and DMV shall ensure that all eligible inmates released from state prisons have valid identification cards”). ↑
Cal. Penal Code § 3007.05; California Identification (CAL-ID) Card Program, Cal. Dep’t of Corr. & Rehab., http://www.cdcr.ca.gov/rehabilitation/cal-id.html ; Telephone call with Kris Applegate, CDCR Div. of Rehabilitative Programs (Jan. 7, 2015) (confirming that expanded Cal-ID program does not change eligibility or operational criteria, but simply expands programs to additional facilities and codifies current DMV eligibility practices); Telephone call with Nikita Singh, CDCR Div. of Rehabilitative Programs (Jan. 7, 2015) ↑
Telephone call with Kris Applegate, CDCR Div. of Rehabilitative Programs (Jan. 7, 2015). ↑
DMV Public Offices by Location, Cal. DMV, http://apps.dmv.ca.gov/fo/offices/toc_fo.htm . ↑
See DMV Public Offices by Location, Cal. DMV, http://apps.dmv.ca.gov/fo/offices/toc_fo.htm . ↑
See DMV Regional Maps, Cal. DMV, http://apps.dmv.ca.gov/web/fomap.html . ↑
13 Cal. Code Regs. § 15.04; Cal. Veh. Code §§ 1653.5(a)(b), 12800(a), 12801. ↑
Cal. Veh. Code § 12801(2). ↑
For the California DMV’s full definition of “legal presence,” see Limited Term for Legal Presence Driver License and Identification Card Applications, Cal. DMV,
https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/
dmv_content_en/dmv/pubs/brochures/fast_facts/ffdl32
.
↑
13 Cal. Code Regs. § 15.04(c); see also Social Security Numbers for Noncitizens (Publication No. 05-10096), Soc. Sec. Admin. (Aug. 2013). ↑
13 Cal. Code Regs. § 15.04(c). Note: The DMV will take your information and double-check your status, then complete your application. See https://www.dmv.ca.gov/pubs/brochures/fast_facts/ffd108.htm . ↑
Driver License and Identification Card Information, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm#BDLP . ↑
13 Cal. Code Regs. § 15.00(a). ↑
13 Cal. Code Regs. § 15.00(e); see also Cal. DMV, http://www.dmv.ca.gov . The information about requesting certification from CDCR is based on a telephone call with Rhonda Johnson, Supervisor at the CDCR Archives Unit (Jan. 21, 2015). ↑
13 Cal. Code Regs. § 15.00(d). ↑
13 Cal. Code Regs. § 15.00(b). ↑
13 Cal. Code Regs. § 15.00(e). ↑
How to apply for or renew an identification (ID) card, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm#idrenew . If you are homeless or in transition, provide the address of a shelter, transitional housing, P.O. box, family, or trusted friend where you can securely receive mail. ↑
How to apply for or renew an identification (ID) card, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm#idrenew . ↑
Reduced fee ID card, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm#idcard_reducedfee , Driver License/Identification Card Application Fees, Cal. DMV, http://www.dmv.ca.gov/dl/fees/driverlicense_fees.htm . ↑
13 Cal. Code Regs. § 15.07. ↑
13 Cal. Code Regs. § 15.07. ↑
Reduced fee ID card, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm#idcard_reducedfee . ↑
Cal.Vehicle Code § 14902;13 CCR § 15.08. ↑
13 CCR § 15.08; McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) ↑
It expires on the sixth birthday you have after it is issued. Cal. Veh. Code § 13002. ↑
Cal. Veh. Code §§ 12800-12801, 12801.9. ↑
Publications, DMV, https://www.dmv.ca.gov/pubs/pubs.htm . ↑
These are available in English and American Sign Language, for both online and paper versions. Samples of Driver License Written Tests, DMV, www.dmv.ca.gov/pubs/interactive/tdrive/exam.htm . ↑
How to apply for a driver license if you are over 18, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm - two500 . ↑
The DMV offers the audio traffic test in Armenian, Chinese/Mandarin, Hindi, Hmong, Japanese, Korean, Portuguese, Punjabi, Russian, Spanish, and Vietnamese. What other languages is the written or audio test available in?, DMV, http://www.dmv.ca.gov/dl/dl_info.htm#languages . ↑
How to apply for a permit if you are under 18, DMV, http://www.dmv.ca.gov/teenweb/permit_btn1/apply.htm . ↑
To learn more about what the test involves and how to prepare for it, visit https://www.dmv.ca.gov/pubs/cdl_htm/sec13.htm or http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffdl22.htm . ↑
If you’re borrowing this car from a friend or family member, make sure that either (1) the car’s insurance policy has you listed as a regular driver, or (2) the insurance policy allows for “permissive users.” (Most car insurance policies allow for permissive users, which means that if the car owner gives you permission to drive the car, the insurance company will cover any damage to the car.) ↑
How to apply for a driver license if you are over 18, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm#two500 . ↑
Cal. Veh. Code § 12506, How to apply for a driver license if you are over 18, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm#two500 . ↑
Cal. Veh. Code § 12801(2). ↑
How to apply for a driver license if you are over 18, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm#two500 . If you don’t pass, you may be referred to a vision specialist, who may then prescribe eyeglasses, or a stronger eyeglass prescription than you currently wear. Vision exam requirement, DMV, http://www.dmv.ca.gov/dl/dl_info.htm - VISION . ↑
Driver License/Identification Card Application Fees, Cal. DMV, http://www.dmv.ca.gov/dl/fees/driverlicense_fees.htm . ↑
Cal. Veh. Code § 12801(2). ↑
How to apply for a driver license if you are over 18, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm#two500 . If you don’t pass, you may be referred to a vision specialist, who may then prescribe eyeglasses, or a stronger eyeglass prescription than you currently wear. Vision exam requirement, DMV, http://www.dmv.ca.gov/dl/dl_info.htm - VISION ↑
Driver License/Identification Card Application Fees, Cal. DMV, http://www.dmv.ca.gov/dl/fees/driverlicense_fees.htm ↑
Publications, DMV, https://www.dmv.ca.gov/pubs/pubs.htm . ↑
These are available in English and American Sign Language, for both online and paper versions. Samples of Driver License Written Tests, DMV, www.dmv.ca.gov/pubs/interactive/tdrive/exam.htm . ↑
How to apply for a driver license if you are over 18, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm - two500 ↑
The DMV offers the written traffic test in Amharic, Arabic, Armenian, Cambodian, Chinese, Croatian, French, German, Greek, Hebrew, Hindi, Hmong, Hungarian, Indonesian, Italian, Japanese, Korean, Laotian, Persian/Farsi, Polish, Portuguese, Punjabi, Romanian, Russian, Samoan, Spanish, Tagalog/Filipino, Thai, Tongan, Turkish, and Vietnamese, http://www.dmv.ca.gov/dl/dl_info.htm#languages . ↑
The DMV offers the audio traffic test in Armenian, Chinese/Mandarin, Hindi, Hmong, Japanese, Korean, Portuguese, Punjabi, Russian, Spanish, and Vietnamese. Se e http://www.dmv.ca.gov/dl/dl_info.htm#languages . ↑
How to apply for a permit if you are under 18, DMV, http://www.dmv.ca.gov/teenweb/permit_btn1/apply.htm ↑
Cal. Veh. Code § 12801(2). ↑
How to apply for a driver license if you are over 18, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm#two500 . If you don’t pass, you may be referred to a vision specialist, who may then prescribe eyeglasses, or a stronger eyeglass prescription than you currently wear http://www.dmv.ca.gov/dl/dl_info.htm#VISION . ↑
Driver License/Identification Card Application Fees, DMV, http://www.dmv.ca.gov/dl/fees/driverlicense_fees.htm ↑
Publications, DMV, https://www.dmv.ca.gov/pubs/pubs.htm . ↑
These are available in English and American Sign Language, for both online and paper versions. Samples of Driver License Written Tests, DMV, www.dmv.ca.gov/pubs/interactive/tdrive/exam.htm . ↑
How to apply for a driver license if you are over 18, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm - two500 ↑
The DMV offers the audio traffic test in Armenian, Chinese/Mandarin, Hindi, Hmong, Japanese, Korean, Portuguese, Punjabi, Russian, Spanish, and Vietnamese. What other languages is the written or audio test available in?, DMV, http://www.dmv.ca.gov/dl/dl_info.htm#languages ↑
How to apply for a permit if you are under 18, DMV, http://www.dmv.ca.gov/teenweb/permit_btn1/apply.htm ↑
To learn more about what the test involves and how to prepare for it, visit https://www.dmv.ca.gov/pubs/cdl_htm/sec13.htm or http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffdl22.htm ↑
If you’re borrowing this car from a friend or family member, make sure that either (1) the car’s insurance policy has you listed as a regular driver, or (2) the insurance policy allows for “permissive users.” (Most car insurance policies allow for permissive users, which means that if the car owner gives you permission to drive the car, the insurance company will cover any damage to the car.) ↑
How to apply for a driver license if you are over 18, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm#two500 ↑
Cal. Veh. Code § 12506; How to apply for a driver license if you are over 18, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm#two500 . ↑
Cal. Veh. Code § 12801(2). ↑
How to apply for a driver license if you are over 18, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm#two500 . If you don’t pass, you may be referred to a vision specialist, who may then prescribe eyeglasses, or a stronger eyeglass prescription than you currently wear http://www.dmv.ca.gov/dl/dl_info.htm - VISION . ↑
Driver License/Identification Card Application Fees, DMV, http://www.dmv.ca.gov/dl/fees/driverlicense_fees.htm . ↑
Cal. Veh. Code § 12801(2). ↑
How to apply for a driver license if you are over 18, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm#two500 . If you don’t pass, you may be referred to a vision specialist, who may then prescribe eyeglasses, or a stronger eyeglass prescription than you currently wear http://www.dmv.ca.gov/dl/dl_info.htm#VISION ↑
Driver License/Identification Card Application Fees, DMV, http://www.dmv.ca.gov/dl/fees/driverlicense_fees.htm . ↑
Publications, DMV, https://www.dmv.ca.gov/pubs/pubs.htm . ↑
These are available in English and American Sign Language, for both online and paper versions. Samples of Driver License Written Tests, DMV, www.dmv.ca.gov/pubs/interactive/tdrive/exam.htm . ↑
How to apply for a driver license if you are over 18, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm - two500 . ↑
The DMV offers the written traffic test in Amharic, Arabic, Armenian, Cambodian, Chinese, Croatian, French, German, Greek, Hebrew, Hindi, Hmong, Hungarian, Indonesian, Italian, Japanese, Korean, Laotian, Persian/Farsi, Polish, Portuguese, Punjabi, Romanian, Russian, Samoan, Spanish, Tagalog/Filipino, Thai, Tongan, Turkish, and Vietnamese. What other languages is the written or audio test available in?, DMV, http://www.dmv.ca.gov/dl/dl_info.htm#languages ↑
The DMV offers the audio traffic test in Armenian, Chinese/Mandarin, Hindi, Hmong, Japanese, Korean, Portuguese, Punjabi, Russian, Spanish, and Vietnamese. What other languages is the written or audio test available in?, DMV, http://www.dmv.ca.gov/dl/dl_info.htm#languages . ↑
How to apply for a permit if you are under 18, DMV, http://www.dmv.ca.gov/teenweb/permit_btn1/apply.htm . ↑
Cal. Veh. Code § 12801(2). ↑
How to apply for a driver license if you are over 18, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm#two500 . If you don’t pass, you may be referred to a vision specialist, who may then prescribe eyeglasses, or a stronger eyeglass prescription. ↑
Driver License/Identification Card Application Fees, DMV, http://www.dmv.ca.gov/dl/fees/driverlicense_fees.htm ↑
Publications, DMV, https://www.dmv.ca.gov/pubs/pubs.htm . ↑
These are available in English and American Sign Language, for both online and paper versions. Samples of Driver License Written Tests, DMV, www.dmv.ca.gov/pubs/interactive/tdrive/exam.htm . ↑
How to apply for a driver license if you are over 18, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm - two500 . ↑
The DMV offers the written traffic test in Amharic, Arabic, Armenian, Cambodian, Chinese, Croatian, French, German, Greek, Hebrew, Hindi, Hmong, Hungarian, Indonesian, Italian, Japanese, Korean, Laotian, Persian/Farsi, Polish, Portuguese, Punjabi, Romanian, Russian, Samoan, Spanish, Tagalog/Filipino, Thai, Tongan, Turkish, and Vietnamese. What other languages is the written or audio test available in?, DMV, http://www.dmv.ca.gov/dl/dl_info.htm#languages . ↑
The DMV offers the audio traffic test in Armenian, Chinese/Mandarin, Hindi, Hmong, Japanese, Korean, Portuguese, Punjabi, Russian, Spanish, and Vietnamese. What other languages is the written or audio test available in?, DMV, http://www.dmv.ca.gov/dl/dl_info.htm#languages ↑
How to apply for a permit if you are under 18, DMV, http://www.dmv.ca.gov/teenweb/permit_btn1/apply.htm ↑
To learn more about what the test involves and how to prepare for it, visit https://www.dmv.ca.gov/pubs/cdl_htm/sec13.htm or http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffdl22.htm ↑
If you’re borrowing this car from a friend or family member, make sure that either (1) the car’s insurance policy has you listed as a regular driver, or (2) the insurance policy allows for “permissive users.” (Most car insurance policies allow for permissive users, which means that if the car owner gives you permission to drive the car, the insurance company will cover any damage to the car.) Cal. Ins. Code § 11580.1. ↑
Cal. Veh. Code § 12506. ↑
How to apply for a driver license if you are over 18, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm#two500 . ↑
Cal. Veh. Code §§ 13200-13201.5. ↑
Cal. Veh. Code §§ 13200-13202.7. ↑
Cal. Veh. Code § 16370. ↑
Cal. Welf. & Inst. Code § 11350.6. ↑
Cal. Veh. Code § 13100 et seq. ↑
Cal. Veh. Code § 13102, 13556. ↑
Cal. Veh. Code §§ 13200 et seq. ↑
For example, if you were convicted of a felony where you used a vehicle as a deadly weapon. Cal. Veh. Code § 13351.5. ↑
Cal. Veh. Code §§ 13101, 13351.5. ↑
Cal. Veh. Code § 13100 et seq. ↑
Cal. Veh. Code § 13100 et seq. ↑
For more information, see Reinstate Your CA Suspended Driver’s License, DMV.org, http://www.dmv.org/ca-california/suspended-license.php#Reinstate-Your-CA-Suspended-Drivers-License . ↑
There is a proposed law in California, SB 405, that would restore Driver Licenses suspended due to a Failure to Appear in court or Failure to Pay a fine, if the suspension happened between January 1, 2013, and December 31, 2015 (inclusive), and the person agrees to a payment plan to pay off their fines and penalties. Access to Justice Act, S.B. 405, 2015 Cal. Leg., as amended July 7, 2015. (Updated July 2015). ↑
What is a suspended driver license?, DMV, http://www.dmv.ca.gov/dl/dl_info.htm#sdl . ↑
Cal. Veh. Code § 13352. ↑
Cal. Veh. Code § 12808(c). Exception: If the Failure to Appear was for a DUI (under Vehicle Code Sections 23152 or 23153) or vehicular manslaughter (under Penal Code Sections 191.5 or 192.5(a)), the charge may be purged after 10 years. ↑
Cal. Veh. Code § 34630. ↑
See Cal. Veh. Code § 13352.5. ↑
The forms to request your license back in a child support case are available at http://www.courts.ca.gov/1199.htm#id11393 . ↑
Cal. Welf. & Inst. Code § 11350.6; see also Child Support FAQs, Judicial Counsel of California, http://www.courts.ca.gov/1200.htm . ↑
What is a suspended driver license?, Cal. DMV, http://www.dmv.ca.gov/dl/dl_info.htm#sdl . ↑
Cal. Veh. Code § 12808(c). Exception: If the Failure to Appear was for a DUI (under Vehicle Code Sections 23152 or 23153) or vehicular manslaughter (under Penal Code Sections 191.5 or 192.5(a)), the charge may be purged after 10 years. ↑
Driver License Release Opportunity, Cal. Dept. of Child Support Services, http://www.childsup.ca.gov/home/childsupportawarenessmonth2012/driverlicensereleaseopportunity.aspx ↑
Reissue fees, Cal. DMV, https://www.dmv.ca.gov/portal/dmv/detail/online/refund/refundreissuefee ↑
Cal. Veh. Code §§ 12805(g)-(h), 15024. In limited situations (i.e., if your suspension or revocation occurred in certain states), you may be eligible for a license before the suspension or revocation period has expired if the DMV finds you to be a safe driver. ↑
49 U.S.C. § 30301 et seq.; 23 C.F.R. § 1327.1 et seq. ↑
49 U.S.C. § 30305(a). ↑
49 U.S.C. §§ 30302(a), 30304; National Driver Register (NDR), http://www.nhtsa.gov/Data/National+Driver+Register+(NDR ). All state DMV agencies are required to provide NDR with the names of individuals who have lost their privileges or who have been convicted of a serious traffic violation. ↑
National Driver Register (NDR), http://www.nhtsa.gov/Data/National+Driver+Register+(NDR ). ↑
49 U.S.C. § 30305(b)(11); National Driver Register (NDR), http://www.nhtsa.gov/Data/National+Driver+Register+(NDR ). ↑
National Driver Register (NDR), http://www.nhtsa.gov/Data/National+Driver+Register+(NDR ). ↑
Under the Privacy Act, you are entitled to request a file search to see if your name is listed (i.e., if have a record) in the NDR database. To do so, you must send a notarized letter (also called a “privacy act request”) to the NDR stating that you would like an NDR file check. Mail your request to the National Driver Register, 1200 New Jersey Avenue, S.E., Washington, D.C. 20590. In your request, make sure to include your full legal name, DOB, State and Driver License Number, Sex, Height, Weight, and Eye Color (your social security number is optional). There is no charge for this service. 23 C.F.R. § 1327.7; National Driver Register (NDR), http://www.nhtsa.gov/Data/National+Driver+Register+(NDR ). You can also request your status online, by visiting the NDR website at http://www.nationaldriverregister-forms.org/national_driver_register_file_check_forms.html (note: the link for Individual File Check Forms was broken as of Dec. 1, 2014). It may take the NDR 45 days or more to respond to your request. ↑
Your NDR driver license status may be any of the following:No Match: The individual does not have record a on the NDR.Licensed (LIC): Licensed means the individual holds a license in that State and the privilege to drive is valid.Eligible (ELG): The individual privilege to drive or apply for a license in a State(s) is valid.Not: The individual privilege to drive in a State(s) is invalid.NEN: The individual privilege to drive in a State(s) is invalid due to a non-moving violation.NDR, http://www.nhtsa.gov/Data/National+Driver+Register+(NDR ). ↑
NDR, http://www.nhtsa.gov/Data/National+Driver+Register+(NDR ). You should also contact the state DMV agency if you think that the NDR database is incorrect. ↑
The NDR provides online driver record request forms for each state on its website for a fee of $15. NDR, http://www.nationaldriverregister-forms.org/ndr/state_forms/national_driver_register_-_state_driver_record_request_forms.html . ↑
NDR, http://www.nationaldriverregister-forms.org/ndr/state_forms/national_driver_register_-_state_driver_record_request_forms.html . ↑
Cal. Veh. Code §§ 15000, 15020 et seq. ↑
Cal. Veh. Code § 15024. There are a few states that have not agreed to the Driver License Compact (e.g., Georgia, Wisconsin, Michigan). If your license was suspended or revoked in one of these states, the California DMV may issue you a license if it finds that you are a safe driver. Cal. Veh. Code § 12805(g)-(h). ↑
Cal. Veh. Code §§ 12805(g); 15024(1). ↑
Cal. Veh. Code §§ 12805(h); 15024(2). ↑
Cal. Veh. Code § 15023; see also Cal. Veh. Code §§ 13353.5; 13363. Note: There must be a “substantially similar” offense in California laws in order for California to penalize you for an out-of-state violation. If California does not have an equivalent offense, then California cannot penalize you for an out-of-state violation. ↑
Out-of-State Convictions, Cal. DMV, https://www.dmv.ca.gov/portal/dmv/detail/dl/driversafety/neg_operator ↑
Cal. Veh. Code § 13558. ↑
See, e.g., Moles v. Gourley, 112 Cal. App. 4th 1049 (2003) (upholding suspension of appellant’s California driver license for Virginia DUI conviction, based on court’s finding that California’s and Virginia’s DUI laws are substantially similar, as required for California DMV to enforce Virginia conviction). ↑
Nonresident Violator Compact, Council of State Gov’ts (2011),
http://apps.csg.org/ncic/PDF/Nonresident%20Violator%20Compact.pdf
; The Nonresident Violator Compact—Administrative Procedures Manual, NHSTA (rev’d Apr. 1994),
http://www.aamva.org/uploadedFiles/
MainSite/Content/DriverLicensingIdentification/DL_ID_Compacts/NRVC%20Procedures%20Manual.pdf
.
↑
Nonresident Violator Compact, Nat’l Ctr. for Interstate Compacts, http://apps.csg.org/ncic/Compact.aspx?id=142 . ↑
See, e.g., Cal. Veh. Code §§ 13205, 13552-53, 40305-05.5, 16376; cf. Chicago Police Dept., Special Order S06-13-01, Bond Procedures—Nonresident Violator Compact § II.B (effective March 7, 2008). ↑
Driver License Agreement (July 2004). ↑
For example, the Driver License Agreement expands enforcement of out-of-state violations to include equipment, registration, and parking violations (which are not currently covered by the NRVC); requires drivers who receive out-of-state tickets to comply with all court orders (e.g., fixing equipment, completing community service, etc.), in addition to paying fines; and requires enforcement of out-of-state violations even if the law is different in the driver’s home state (i.e., if you receive a ticket for doing something that is legal in your home state, but illegal in the state where you received a ticket, your home state must still enforce the violation) or if the violation occurred in a non-member state. ↑
To date, only Connecticut, Arkansas, and Massachusetts have adopted the Driver License Agreement. ↑
Cal. Veh. Code § 13555. ↑
Cal. Veh. Code §§ 12800-12801, 12801.9. ↑
See Cal. Veh. Code § 12801.9. ↑
BORDER SECURITY: Consular Identification Cards Accepted within United States, but Consistent Federal Guidance Needed, U.S. Gov’t Accountability Office, GAO-040881. (Aug. 24, 2004). ↑
U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/FAQs.html . ↑
U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/apply.html . ↑
22 U.S.C. § 2714; see also 22 C.F.R. § 51.61. There are also a few misdemeanor offenses, such as federal and state drug offenses, that would make someone ineligible for a U.S. passport. See 22 U.S.C. § 2714. ↑
22 U.S.C. § 212a. ↑
22 C.F.R. § 51.70(a)(2). ↑
22 C.F.R. § 51.60. ↑
42 U.S.C. § 652(k). ↑
E-mail from National Passport Information Center Agent 2019 (Jan. 21, 2015, 0:15 p.m.) (on file with author). ↑
Telephone call with agent at the U.S. Department of State Office of Legal Affairs (Jan. 21, 2015). ↑
Exception to this last condition: If you legally changed your name since your most recent passport, you can still apply by mail if you provide official documents proving your name change. Acceptable documents include: an original or certified copy of your marriage certificate, or government-issued papers showing your legal name change. U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/renew.html . ↑
U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/new.html ↑
U.S. Department of State, Bureau of Consular Affairs, http://iafdb.travel.state.gov/ . ↑
NOTE: If your name or gender is different on your evidence of citizenship and/or ID, you may need to submit additional documentation. For more details, see U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/information/gender.html . ↑
If you don’t, your application may be significantly delayed and/or denied. 26 U.S.C. 6039E ; see also U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/new.html . ↑
U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/FAQs.html . ↑
U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/apply.html . ↑
U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/apply.html . ↑
Other forms of “secondary evidence” of citizenship: (3) a state-issued Letter of No Record; (4) a notarized Birth Affidavit: Form DS-10. For more details on these forms of evidence, see U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/information/secondary-evidence.html . ↑
U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/apply.html . ↑
U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/apply.html . ↑
22 U.S.C. § 2714. ↑
22 U.S.C. § 212a. ↑
You can use a photo you take yourself. However, to ensure your photo is acceptable, it may be a good idea to have a professional passport photo service take your photo for about $12. You can find these services at many post offices, print shops, grocery stores, and drug stores. ↑
But you can pay an extra $60 fee for “Expedited Service”—quicker processing and delivery of your new passport. U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/new.html , U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/information/costs.html . ↑
U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/information/costs.html . ↑
If you’re paying an extra $60 fee for Expedited Service, it should take 3 weeks. U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/information/processing-times.html . ↑
U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/information/processing-times.html . ↑
Exception to this last condition: If you legally changed your name since your most recent passport, you can still apply by mail if you provide official documents proving your name change. Acceptable documents include: an original or certified copy of your marriage certificate, or government-issued papers showing your legal name change. U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/renew.html . ↑
U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/renew.html . ↑
U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/renew.html . ↑
You can use a photo you take yourself. However, to ensure your photo is acceptable, it may be a good idea to have a professional passport photo service take your photo for about $12. You can find these services at many post offices, print shops, grocery stores, and drug stores. ↑
But you can pay an extra $60 fee for “Expedited Service” — quicker processing and delivery of your new passport. U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/renew.html ; http://travel.state.gov/content/passports/english/passports/information/costs.html . ↑
U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/renew.html . ↑
If you’re paying an extra $60 fee for Expedited Service, it should take 3 weeks. U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/information/processing-times.html . ↑
U.S. Passports & Int’l Travel, U.S. Dep’t of State, http://travel.state.gov/content/passports/english/passports/information/processing-times.html . ↑
See Covered California, “Tax Penalty Details and Exemptions,” http://www.coveredca.com/individuals-and-families/getting-covered/tax-penalty-details-and-exemptions/ ; Covered California for American Indians, http://hbex.coveredca.com/tribal-consultation/PDFs/Covered%20California%20for%20American%20Indians__PPT%20Final.pdf . ↑
See California LifeLine Program, “Checking Your Identity,” https://www.californialifeline.com/en/id_check . ↑
See CA Secretary of State, Notary Public Handbook (2016), http://www.sos.ca.gov/notary/handbook/ . ↑
Cal. Veh. Code § 18701. ↑
E-mail from David Cismowski, Chief, State Library Services (Jan. 15, 2015, 04:48 PST) (on file with author). ↑
U.S. Const. Amend. 14, §2; Richardson v.Ramirez, 418 U.S. 24, 56 (1974). ↑
See Cal. Elec. Code § 2101 (as modified by AB 2466, effective January 1, 2017); Cal. Secretary of State, Voting Rights for Californians with Criminor Records or Detained in Jail or Prison , http://www.sos.ca.gov/elections/voting-resources/voting-california/who-can-vote-california/voting-rights-californians/ . ↑
Cal. Elec. Code §§ 2101 and 2211(a)(3). ↑
See Voting Rights for Californians with Criminor Records or Detained in Jail or Prison, Cal. Sec’y of State, http://www.sos.ca.gov/elections/voting-resources/voting-california/who-can-vote-california/voting-rights-californians/ . See also Let Me Vote CA, https://www.letmevoteca.org/ . ↑
81 Ops. Cal. Atty. Gen. 321 (1998). ↑
Cal. Elec. Code § 18560. ↑
22 U.S.C. § 1973gg-10. ↑
Election and Voter Information, Cal. Sec’y of State, http://www.sos.ca.gov/elections/elections_faq.htm . ↑
2 Cal. Code Regs. 20107. For a full list of documents that are acceptable for this purpose, contact your county elections office, or visit the website at http://elections.cdn.sos.ca.gov/regulations/hava_id_regs_from_barclays_3_3_06.pdf . ↑
http://www.sos.ca.gov/elections/voting-resources/voting-california/what-bring/ ↑
Voter Registration Application, Cal. Sec’y of State, http://registertovote.ca.gov/ . ↑
Election and Voter Information, Cal. Sec’y of State, http://www.sos.ca.gov/elections/elections_faq.htm ; http://www.sos.ca.gov/elections/elections_vr.htm . ↑
Election and Voter Information, Cal. Sec’y of State, http://www.sos.ca.gov/elections/elections_faq.htm ; http://www.sos.ca.gov/elections/elections_vr.htm . ↑
For a directory of California County Elections Offices, including location, office hours, and contact information, visit Election and Voter Information, Cal. Sec’y of State, http://www.sos.ca.gov/elections/elections_d.htm . ↑
Election and Voter Information, Cal. Sec’y of State, http://www.sos.ca.gov/elections/new-voter/registering-vote.htm . ↑
Election and Voter Information, Cal. Sec’y of State, http://www.sos.ca.gov/elections/new-voter/registering-vote.htm . ↑
The form is available in English, Spanish, Chinese, Hindi, Japanese, Khmer, Korean, Tagalog, Thai, and Vietnamese. Election and Voter Information, Cal. Sec’y of State, http://www.sos.ca.gov/elections/elections_faq.htm . ↑
Election and Voter Information, Cal. Sec’y of State, http://www.sos.ca.gov/elections/new-voter/registering-vote.htm . ↑
Election and Voter Information, Cal. Sec’y of State, http://www.sos.ca.gov/elections/elections_faq.htm . ↑
For a directory of California County Elections Offices, including location, office hours, and contact information, visit http://www.sos.ca.gov/elections/elections_d.htm . ↑
The form is available in English, Spanish, Chinese, Hindi, Japanese, Khmer, Korean, Tagalog, Thai, and Vietnamese. Election and Voter Information, Cal. Sec’y of State, http://www.sos.ca.gov/elections/elections_faq.htm . ↑
Election and Voter Information, Cal. Sec’y of State, http://www.sos.ca.gov/elections/new-voter/registering-vote.htm . ↑
Election and Voter Information, Cal. Sec’y of State, http://www.sos.ca.gov/elections/elections_faq.htm . ↑
Cal. Pen. Code § 118; People v. Darcy, 59 Cal. App. 2d 342, 348 (1943) (The court held that “to sustain a perjury charge it is not necessary that the false statement be made for the purpose of injuring another . . .. Whether a false statement has been made willfully or as the result of an honest mistake is a question of fact solely for the jury to decide.”). ↑
For a directory of California County Elections Offices, including location, office hours, and contact information, visit http://www.sos.ca.gov/elections/elections_d.htm or see PG. 68. ↑
For a directory of California County Elections Offices, including location, office hours, and contact information, visit http://www.sos.ca.gov/elections/elections_d.htm or see PG. 68. ↑
See Election and Voter Information, Cal. Sec’y of State, http://www.sos.ca.gov/elections/elections_cand.htm ; http://www.sos.ca.gov/elections/statewide-elections/2014-general/2014-key-dates-deadlines.htm . ↑
Cal. Elec. Code § 14000. ↑
Cal. Lab. Code § 3352. ↑
Cal. Lab. Code § 3353. ↑
Voting Rights Act of 1965, Pub. L. 89-110 (1965). ↑
For a directory of California County Elections Offices, including location, office hours, and contact information, visit http://www.sos.ca.gov/elections/elections_d.htm . ↑
Know Your Voting Rights: California — Text Only, ACLU, https://www.aclu.org/voting-rights/know-your-voting-rights-california-text-only . ↑
Cal. Elec. Code § 14272. ↑
Cal. Elec. Code § 14282. ↑
See 50 U.S.C. App. 451 et seq.; Agency Mission, Selective Serv. Sys., https://www.sss.gov/ . ↑
See 32 C.F.R. § 1656.1. ↑
50 U.S.C. App. 453. ↑
Benefits and Penalties, Selective Serv. Sys., https://www.sss.gov/Registration/Why-Register/Benefits-and-Penalties . ↑
50 U.S.C. App. 456; see also Back to School: A Guide to Continuing Your Education after Prison, Prisoner Reentry Institute, John Jay College of Criminal Justice (July 2010), 24. ↑
50 U.S.C. App. 456. ↑
NOTE: Most other categories of non-citizens are required to register. These include legal permanent residents (“green card” holders), undocumented immigrants, refugees, and asylum grantees. See https://www.sss.gov/Portals/0/PDFs/WhoMustRegisterChart.pdf ↑
Men Cannot Register after Reaching Age 26, Selective Serv. Sys., http://www.sss.gov/FSmen.htm . ↑
How to Register, Selective Serv. Sys., http://www.sss.gov/FSregist.htm . ↑
Who Must Register, Selective Serv. Sys., http://www.sss.gov/FSwho.htm . ↑
Benefits and Programs Linked to Registration, Selective Serv. Sys., http://www.sss.gov/FSbenefits.htm ; http://www.sss.gov/QA.HTM . ↑
Benefits and Programs Linked to Registration, Selective Serv. Sys., https://www.sss.gov/FSbenefits.htm . ↑
See Benefits and Penalties, Selective Serv. Sys., https://www.sss.gov/Registration/Why-Register/Benefits-and-Penalties. ↑
34 C.F.R. § 668.37(d)(2)(i), (e). ↑
See Men Cannot Register after Reaching Age 26, Selective Serv. Sys., http://www.sss.gov/FSmen.htm . For information about student financial aid, see 34 C.F.R. § 668.37(d)(2)(i); 34 C.F.R. § 668.37(e); U.S. Dep’t of Educ. & Fed. Student Aid, 2014-2015 Federal Student Aid Handbook. ↑
See Men Cannot Register after Reaching Age 26, Selective Serv. Sys., http://www.sss.gov/FSmen.htm ; see also Men 26 and Older, Selective Serv. Sys., http://www.sss.gov/Status.html . ↑
The Status Information Letter will include a code that summarizes the Selective Serving’s findings in your case. Different codes correspond to different categories. For example, the Selective Service might include a code indicating that you were sent a letter to inform you of the registration requirement, but that it was returned by the post office as undeliverable. See U.S. Dep’t of Educ. & Fed. Student Aid, 2014-2015 Federal Student Aid Handbook. ↑
See Request for Status Information Letter, Selective Serv. Sys., http://www.sss.gov/PDFs/PrinterFriendly/status.pdf . ↑
See U.S. Dep’t of Educ. & Fed. Student Aid, 2014-2015 Federal Student Aid Handbook. ↑
See Men 26 and Older, Selective Serv. Sys., https://www.sss.gov/Status.html . ↑
Time to Register, Selective Serv. Sys., https://www.sss.gov/sssyou/sssyou.htm . ↑
See U.S. Dep’t of Educ. & Fed. Student Aid, 2014-2015 Federal Student Aid Handbook 1-71. ↑
See U.S. Dep’t of Educ. & Fed. Student Aid, 2014-2015 Federal Student Aid Handbook. ↑
Arizona Dep’t of Hhttp://www.azdhs.gov/documents/licensing/vital-records/application-certificate-birth.pdf. ↑
https://public.health.oregon.gov/BirthDeathCertificates/GetVitalRecords/Pages/recordinformation.aspx ↑
See 15 Cal. Code Regs. § 2355. ↑
Lifer Parole Process, Cal. Dep’t of Corr. & Rehab., http://www.cdcr.ca.gov/BOPH/lifer_parole_process.html . ↑
Lifer Parole Process, Cal. Dep’t of Corr. & Rehab., http://www.cdcr.ca.gov/BOPH/lifer_parole_process.html . ↑
See Cal. Penal Code § 1203. ↑
See Cal. Penal Code § 1203. ↑
Cal. Penal Code § 1203(d). ↑
See Cal. Penal Code § 1203(b–d). ↑
Cal. Penal Code § 3450; 15 Cal. Code Regs. §§ 3079-79.1. ↑
See Cal. Penal Code § 3451 (a) ("[A]ll persons . . . shall, upon release from prison and for a period not exceeding three years immediately following release, be subject to community supervision provided by a county agency."). ↑
18 U.S.C. § 3153. See also Probation Pretrial Services, US Courts, http://www.U.S.C.ourts.gov/FederalCourts/ProbationPretrialServices.aspx . ↑
A defendant may receive a sentence of probation unless he or she is convicted of a Class A or B felony; probation is prohibited by statute of conviction; or the defendant is sentenced at the same time to imprisonment. 18 U.S.C. § 3561(a). A court’s authority to impose probation is based solely on statute. See Affronti v. U.S., 350 U.S. 79, 83 (1955). The authorized length of probation is between one and five years for a felony; not more than five years for a misdemeanor; and not more than one year for an infraction. 18 U.S.C. § 3561(c). ↑
18 U.S.C. § 3563(b)(15). Ever since 1984 (the time when the “Sentencing Reform Act” went into effect), federal criminal courts have recognized federal probation as a sentence in itself. 18 U.S.C. § 3561; http://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2012/manual-pdf/Chapter_7.pdf p. 477 . Although it is statutorily permissible to receive a sentence of unsupervised or “summary” probation in federal court, it is not the norm – even in misdemeanor cases. ↑
United States Sentencing Commission, Federal Offenders Sentenced to Supervised Release, July 2010 10, p. 1. http://www.ussc.gov/sites/default/files/pdf/training/annual-national-training-seminar/2012/2_Federal_Offenders_Sentenced_to_Supervised_Release.pdf . ↑
18 U.S.C. § 3583. ↑
http://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2012/manual-pdf/Chapter_7.pdf p. 477 ↑
See, e.g., 21 U.S.C. § 841(b)(1)(A) (mandating a lifetime term of supervised release for those convicted of certain drug offenses). ↑
Parole in the Federal Probation System, US Courts, http://www.U.S.C.ourts.gov/News/TheThirdBranch/11-05-01/Parole_in_the_Federal_Probation_System.aspx . ↑
15 Cal. Code Regs. § 2355. ↑
People who are sentenced to state prison for potential life sentences (for example, “25 years to life”) are only eligible for parole after they serve the determinate part of their sentence, and only after the Bd. of Parole Hearings (BPH, commonly called the “parole board”) determines that you are ready to re-enter society. That determination takes place during a California Bd. of Parole Hearings suitability hearing (also known as a “Lifer hearing”). Some people released from California state prison are required to serve a period of parole after they are released. Lifer Parole Process, Cal. Dep’t of Corr. & Rehab., http://www.cdcr.ca.gov/BOPH/lifer_parole_process.html . ↑
Cal. Penal Code § 3451(a). ↑
http://www.cpoc.org/assets/Realignment/whatcountiesneedtoknow.pptx . ↑
You can write or call us to request a complete copy of Human Rights Watch’s “Youth Offender Parole” guide. ↑
CDCR Parolee Information Handbook, 4. ↑
15 Cal. Code Regs. § 3075.2(b)(2); See CDCR, Notice and Conditions of Parole, http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/NCDR/2014NCR/14-03/CDCR%201515.pdf ; DAPO’s timelines for completing Form 611. Department Operations Manual (hereinafter "DOM") § 81010.5 ), http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/DOM/DOM%202015/DOM%202015.pdf (updated Jan. 2015) (“The Parole Agent shall investigate all proposed programs. If a proposed program is determined by a Parole Agent not to be suitable for a parolee, efforts shall be made by the Parole Agent to develop an appropriate alternate program in the county of commitment. [DAPO] staff shall return the completed RPS Form, CDC Form 611, and Conditions of Parole to the institution housing the inmate 60 days before the inmate's EPRD. However, if the RPS, CDC Form 611, is not received by the parole unit at least 75 days before the EPRD, the preparole investigation shall be returned within 15 days of receipt.”). ↑
CDCR, Parolee Information Handbook at 4. ↑
See Parole, Public Officers and Regional Offices, Cal. Dep’t of Corr. & Rehab., http://www.cdcr.ca.gov/Parole/Public_Officers_and_Regional_Offices/ . ↑
CDCR, Parolee Information Handbook at 4. ↑
CDCR, Parolee Information Handbook at 4. ↑
CDCR, Parolee Information Handbook at 5. ↑
See 15 Cal. Code Regs. §§ 3650; 3075.2(b). ↑
CDCR Parolee Information Handbook at 5; see 15 Cal. Code Regs. § 3075.2(b). ↑
CDCR Parolee Information Handbook at 5. ↑
There has been significant case law on what information the police or sheriff can require from you. See, e.g., People v. Sanchez, 105 Cal. App. 4th 1240 (2003); People v. Bailey, 101 Cal. App. 4th 238 (2002). ↑
Telephone call with Gang Task Force police officer in Watsonville, CA. If you are required to register for a gang-related offense, the local police/ sheriff’s office may ask for relevant information from you like the name of the gang, size of the gang, where the gang tends to congregate, and/or where gang members live. Usually a parole officer will tell someone of this registration requirement in the first days after release from prison, and may give the parolee instructions for when and how to make an appointment to register with the local police or sheriff’s office. ↑
See Cal. Penal Code § 3003(a). ↑
Cal. Penal Code § 3003(b). A county that wants a parolee to be sent somewhere else must show that the parole authorities have abused their discretion when choosing the county of parole. McCarthy v. Superior Court, 191 Cal. App. 3d 1023, 1027 (1987); City of Susanville v. CDCR, 204 Cal. App. 4th 377 (2012). ↑
Cal. Penal Code § 3003(f) and (h). This provision does not apply to the victim’s next of kin. In re David, 202 Cal. App. 4th 675 (2012). ↑
Cal. Penal Code § 3003(b). ↑
Cal. Penal Code § 2085; 15 Cal. Code Regs. § 3099. ↑
The rules for gate money are in Cal. Penal Code § 2713.1, 15 Cal. Code Regs. § 3075.2(d), and DOM §§ 74070.23, 74070.23.5, 81010.6.1, 81010.6.2. ↑
Most people receive at least $50–$100 of their “gate money” immediately upon release from prison, and many receive the entire $200. 15 Cal. Code Regs. § 3075.2(d)(8). See also Prison Law Office, The Parolee Rights Manual at 22, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf (updated Aug. 2013). ↑
The rules for gate money are in Cal. Penal Code § 2713.1, 15; Cal. Code Regs. § 3075.2(d); and DOM §§ 74070.23, 74070.23.5, 81010.6.1, 81010.6.2. ↑
Sabatasso v. Superior Court, 167 Cal. App. 4th 791 (2008) (holding contrary portion of 15 Cal. Code Regs. § 3075.2(d)(2) invalid). ↑
15 Cal. Code Regs. § 3075.2(d)(4); see also Prison Law Office, The Parolee Rights Manual at 22, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf (updated Aug. 2013) ↑
15 Cal. Code Regs. § 3075.2(d). ↑
CDCR operates fourteen "reentry hubs" in California. Programs typically last up to four years, and include classes in Substance Abuse, Criminal Thinking, Anger Management, and Family Relationships. They are available to people who have been released from prison within the past four years, and are designed specifically "for inmates who have a moderate-to-high risk to reoffend, as assessed by the California Static Risk Assessment (CSRA), and who have an assessed criminogenic need, as identified by the Correctional Offender Management Profiling for Alternative Sanctions (COMPAS) and/or other assessment(s) identified by CDCR." CDCR, Fact Sheet: Reentry Hubs, http://www.cdcr.ca.gov/rehabilitation/docs/Factsheets/OS-IP-Factsheet-ReentryHubs-Mar2014.pdf . ↑
Alternative Custody Program (ACP) means a voluntary program developed for female inmates whose current commitment offense is neither violent nor serious and whose prior or current commitment offense is not a registerable sex offense pursuant to PC section 1170.05 that allows eligible inmates committed to state prison to serve their sentence in the community in lieu of confinement in state prison. Provisions for ACP are located in Title 15, Division 3, Chapter 1, Article 6.8 starting with section 3078. 15 Cal. Code Regs. § 3000. ↑
15 Cal. Code Regs. § 3075.2(d)(8)(A). ↑
15 Cal. Code Regs. § 3075.2(d)(8)(B). ↑
15 Cal. Code Regs. § 3075.2(d)(1). ↑
15 Cal. Code Regs. § 3075.2(d)(2). ↑
Cal. Penal Code § 2713.1; see also Prison Law Office, The Parolee Rights Manual at 22, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf (updated Aug. 2013). ↑
Cal. Penal Code § 2713.1; see also Prison Law Office, The Parolee Rights Manual at 22, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf (updated Aug. 2013). ↑
Communications with Heather MacKay. ↑
The rules for these funds are in 15 Cal. Code Regs. § 3605 and DOM § 81070.1 et seq. ↑
15 Cal. Code Regs. § 3605; DOM § 81070.1 et seq. (outlining Parole’s cash assistance loan procedures). ↑
See 15 Cal. Code Regs. § 3605. ↑
Cal. Penal Code § 2713.1; see also Prison Law Office, The Parolee Rights Manual at 22, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf (updated Aug. 2013). ↑
See DOM § 81070.1 (“A determination of how much money is needed is a matter of judgment, and circumstances will generally differ from case to case.”). ↑
15 Cal. Code Regs. § 3630 (“Pursuant to Section 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (PRWORA) (8 U.S.C. Section 1621), and notwithstanding any other provision of Title 15, Division 3 of the California Code of Regulations, aliens who are not “qualified aliens” or “nonimmigrant aliens,” as defined by federal law, or who are paroled into the United States for less than one year, are ineligible to receive or participate in the following parole services: (1) Food coupons, (2) Bus passes, (3) Job placement services, (4) Short-term cash assistance.”) ↑
15 Cal. Code Regs. § 3605; DOM § 81070.1. ↑
DOM § 81070.1 et seq. ↑
DOM § 81070.2; DOM § 81070.7; see also Prison Law Office, The Parolee Rights Manual at 23, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf (updated Aug. 2013). ↑
See generally Cal. Penal Code §§ 3000(b); 3000.1. ↑
See In re Thomson, 104 Cal. App. 3d 950 (1980); In re Bray, 97 Cal. App. 3d 506 (1979). ↑
See generally Cal. Penal Code §§ 3000(b); 3000.1. ↑
Time during which a parolee absconds or is unavailable for supervision does not count toward either the CDD. There is no limit on how long the CDD can be extended due to absconding or unavailability. Cal. Penal Code § 3000(b)(6)(B). Time served in custody for parole revocation terms will extend the CDD, but only until the MDD is reached. The CDD comes from state law: Cal. Gov’t Code § 3000(b) (set-length parole terms) and § 3000.1 (life-long parole terms). ↑
The MDD also comes from state law: Cal. Gov’t Code § 3000(b) (set-length parole terms) and § 3000.1 (life-long parole terms). There is no limit on how long the CDD can be extended due to absconding or unavailability. Cal. Penal Code § 3000(b)(7). See also Cal. Penal Code § 3000(b)(6). Time served in custody for a parole revocation will extend the CDD, but only until the MDD is reached. ↑
Note that a provision for early “earned discharge” for some parolees (former 15 Cal. Code Regs. § 3075.4) has been repealed. ↑
There is no presumptive discharge date from state parole for any person serving a life-long parole period following an indeterminate life term for a sex offense under Cal. Gov’t Code §§ 269, 288.7(c), 667.51, 667.61(j), (l), or (m), or 667.71 [if a victim was a child under age 14]. There is also no presumptive early discharge for parolees who were sentenced to prison for offenses committed between July 1, 1977, and December 31, 1978. 15 Cal. Code Regs. § 2535(b)(5). See In re Miller, 2006 WL 1980385 (Cal. Ct. App. July 17, 2006) at n.2 (discussing Cal. Penal Code § 3000(b), Stats. 1977, chs.2, p.165, as it was prior to 1979). ↑
Cal. Penal Code §§ 3000, 3000.1, and 3001. See also Prison Law Office, The Parolee Rights Manual, at 30, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf (updated Aug. 2013). ↑
Cal. Penal Code § 3001. See also Prison Law Office, The Parolee Rights Manual, at 30, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf (updated Aug. 2013). ↑
15 Cal. Code Regs. § 3721.1. ↑
15 Cal. Code Regs. §§ 3721-3723. ↑
15 Cal. Code Regs. § 2535. ↑
15 Cal. Code Regs. §§ 3721-3723. ↑
15 Cal. Code Regs. § 3723. ↑
See Cal. Penal Code §§ 290, 457.1, 186.30; Cal. Health & Safety Code § 11590. ↑
Cal. Penal Code § 3001(b). ↑
15 Cal. Code Regs. 2535(c). ↑
A mistake of fact is an error caused someone’s unawareness or ignorance of the circumstances of an event. ↑
15 Cal. Code Regs. §§ 3721-3723. ↑
15 Cal. Code Regs. § 2535(d). ↑
15 Cal. Code Regs. §§ 2535(d) and 3722(c); DOM §§ 81080.1-81080.1.1. ↑
Cal. Penal Code § 3001(d); 15 Cal. Code Regs. § 2535(c). ↑
In re Carr, 38 Cal. App. 4th 209 (1995). ↑
See Prison Law Office, The Parolee Rights Manual at 34; see also CDCR, Armstrong Remedial Plan, amended Dec. 1, 2010, at 93; DOM § 54100.5. ↑
This is because the BPH abolished its administrative appeal procedure beginning May 2004. See 15 Cal. Code Regs. Art. VI. ↑
DOM § 81080.1.1 ("By law, a parolee, unless committed to prison for a "violent felony" under PC 667.5(c), is discharged if the BPH does not order the parolee retained on parole by the 30th day after completion of one, two, three, five, or seven years of continuous parole as appropriate to the commitment category."). ↑
Cal. Penal Code § 3001. ↑
In re Torres, 111 Cal. Rptr. 3d 919 (App. 2 Dist. 2010); In re Nesper, 217 Cal. App. 3d 872(1990). ↑
See DOM § 81080.1.1. ↑
In re Stone, 197 Cal. App. 4th 746 (2011); see also People v. Jack, 60 Cal. App. 4th 1129 (1997); In re Ruzicka, 230 Cal. App. 3d 595 (1991); In re Roa, 1 Cal. App. 4th 724 (1991). ↑
See In re Stone, 197 Cal. App. 4th at 754 (2011) (proper remedy for lack of notice is "ordering the Board ‘to transmit to appellant a copy of the written parole retention record so that he may have the opportunity to pursue his right of appeal’”) (quoting People v. Jack, 60 Cal. App.4th at 1134). See also In re Ruzicka, 230 Cal. App. 3d at 604 (1991) (“[D]enial of Ruzicka's due process rights [due to lack of notice] can be remedied by an order directing the DoC to transmit a copy of the written determination record to Ruzicka and afford him an opportunity to pursue his right of appeal.”). ↑
CDCR, Notice and Conditions of Parole, http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/NCDR/2014NCR/14-03/CDCR%201515.pdf . ↑
15 CCR § 3000 ↑
This includes “any device which a reasonable person would believe to be capable of being used as a gun, or any ammunition which could be used in a gun.” In addition to CDCR Regulations that govern gun and weapon ownership while on parole, it is important for you to know that California law makes it a felony for any ex-felon to own, possess, or have custody or control of any firearm—so this applies even once you are off parole. Federal law also makes it a crime for an ex-felon to possess a firearm or ammunition that has been shipped or transported through interstate or foreign commerce. A certificate of rehabilitation (see PG. 153) does not restore the right to possess a firearm. In some cases, but not all, the right can be restored by a full pardon. ↑
You may not own, use, posses, or have access to a weapon as defined in state or federal laws, or any device, which a reasonable person would believe to be capable of being used as a weapon. ↑
CDCR, Notice and Conditions of Parole, http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/NCDR/2014NCR/14-03/CDCR 1515.pdf . ↑
Cal. Penal Code § 1389. ↑
CDCR, Notice and Conditions of Parole, http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/NCDR/2014NCR/14-03/CDCR 1515.pdf . ↑
Silverthrone Lumber Co. v. U.S., 251 U.S. 385 (1920). ↑
CDCR, Notice and Conditions of Parole, http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/NCDR/2014NCR/14-03/CDCR 1515.pdf . ↑
See Samson v. California, 547 U.S. 843 (2006); U.S. v. Lopez (9th Cir. 2007) 474 F.3d 1208. ↑
People v. Schmitz, 55 Cal. 4th 909 (2012). ↑
People v. Hunter, 140 Cal. App. 4th 1147, 1152-53 (2006). ↑
See U.S. v. Grandberry, 730 F. 3d 968, 975 (9th Cir. 2013); Samson v. California, 547 U.S. 843 (2006). ↑
People v. Middleton, 131 Cal. App. 4th 732, 738-39 (2005). ↑
People v. Sanders, 31 Cal. 4th 318 (2003). ↑
Motley v. Parks, 432 F.3d 1072, 1080 (9th Cir. 2005). ↑
Cal. Penal Code § 3067(d); People v. Williams, 3 Cal. App. 4th 1100 (1992); see also U.S. v. King, 687 F.3d 1189 (2012). ↑
People v. Reyes, 19 Cal. 4th 743, 753-754 (1998). ↑
People v. Clower, 16 Cal. App. 4th 1737, 1741 (1993); see also U.S. v. Follette, 282 F. Supp. 10, 13 (S.D.N.Y. 1968). ↑
People v. Constancio, 42 Cal. App. 3d 533 (1974); see also Parsley v. Superior Court, 9 Cal. 3d 934, 938. ↑
Pennsylvania Board of Prob. & Parole v. Scott, 524 U.S. 357, 363-364 (1998). ↑
Samson v. California, 547 U.S. 843 (2006); U.S. v. Lopez, 474 F.3d 1208 (9th Cir. 2007); People v. Reyes, 19 Cal. 4th 743 (1998); see also Cal. Penal Code § 3067(b)(3). ↑
Cal. Const. art. II, § 4; Cal. Elec. Code § 2150. ↑
Cal. Code Civ. Proc. § 203(a)(5). The California Supreme Court has upheld this restriction. See Rubio v. Superior Court, 24 Cal. 3d 93 (1979) (holding that there is no fundamental right to serve on a jury and that excluding ex-felons from juries does not violate the Equal Protection Clause because the prohibition is rationally related to the state goal of assuring impartial verdicts). ↑
See Cal. Penal Code § 4853; Cal. Code Civ. Proc. § 203(a)(5). ↑
Cal. Penal Code § 4571. ↑
15 Cal. Code Regs. §§ 3172(d), 3172.1(b)(4)-(5). ↑
See CDCR Form 1515, http://www.cdcr.ca.gov/BOPH/docs/CDCR1515_7-8-2010.pdf . ↑
Cal. Penal Code § 3053 et seq. ↑
Cal. Penal Code § 3000(b)(7). ↑
Cal. Penal Code § 3454-55. ↑
Cal. Penal Code § 3454(b). ↑
See, e.g., Int’l Community Corrections Assoc., Evidence Based Decision Making From Principle to Practice, ICCA Conference presentation, Sept. 2013, http://www.iccalive.org/icca/images/2013Presentations/2013%20national%20institute%20of%20corrections%20evidence%20based%20decision%20making%20panel.pdf . ↑
The Parole Reform Task Force, CDCR, Parole Reform in California: An Evidence-Based & Best Practices Approach (California Parole Reintegration Supervision Model Manual), 16, Jan. 15, 2010, http://www.cdcr.ca.gov/Parole/Road_Map/docs/CA_Parole_Reintegration_Supervision_Model_Manual.pdf . ↑
The Parole Reform Task Force, CDCR, Parole Reform in California: An Evidence-Based & Best Practices Approach (California Parole Reintegration Supervision Model Manual), 17, 20, 54, Jan. 15, 2010, http://www.cdcr.ca.gov/Parole/Road_Map/docs/CA_Parole_Reintegration_Supervision_Model_Manual.pdf ↑
The various supervision categories are:Transition Phase: All individual immediately after release onto parole; Category A: Reserved primarily for individuals evaluated as High Drug, High Property and High Violence risk levels (California Static Risk Assessment values of 3, 4 and 5); Category B: Reserved primarily for individuals evaluated as Moderate Risk (CSRA values of 2); Category C: Reserved primarily for individuals evaluated as Low Risk (CSRA values of 1); Category D: Reserved primarily for individuals on parole who are in custody, in jail-based Custody Drug Treatment Program (ICDTP), Civil Addicts pending court discharge, gravely ill, or other situations.The Parole Reform Task Force, CDCR, Parole Reform in California: An Evidence-Based & Best Practices Approach (California Parole Reintegration Supervision Model Manual), 26-30, 32, 46, Jan. 15, 2010, http://www.cdcr.ca.gov/Parole/Road_Map/docs/CA_Parole_Reintegration_Supervision_Model_Manual.pdf . ↑
The Parole Reform Task Force, CDCR, Parole Reform in California: An Evidence-Based & Best Practices Approach (California Parole Reintegration Supervision Model Manual), 16, 18, 20, Jan. 15, 2010, http://www.cdcr.ca.gov/Parole/Road_Map/docs/CA_Parole_Reintegration_Supervision_Model_Manual.pdf . ↑
15 Cal. Code Regs. § 3504. 29-30, 49 ↑
Cal. Penal Code § 3053 et seq. ↑
See Cal. Penal Code § 3053 et seq. For example, any parolee convicted of a sex offense while intoxicated or addicted to alcohol is barred from using alcohol. Cal. Penal Code § 3053.5. A parolee convicted of domestic violence must participate in counseling. Cal. Penal Code § 3053.2(e)-(i). ↑
See 15 Cal. Code Regs. § 2513. ↑
Cal. Penal Code §§ 3004(a), 3010-3010.7; 15 Cal. Code Regs. § 3561. ↑
15 Cal. Code Regs. § 3562. ↑
Cal. Penal Code §§ 3004(c); 3000.07; 3010.8; 15 Cal. Code Regs. § 3563. ↑
15 Cal. Code Regs. § 3075.2(b)(2)(A). ↑
15 Cal. Code Regs. §§ 3075.2, 3502. CDCR Form 611 is used for the Release Program Study and CDCR Form 1515 is used to notify parolees of their conditions of parole. ↑
Prison Law Office, The Parolee Rights Manual at 17, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf . 15 Cal. Code Regs. 3075.2(b)(3)(B) (“A unit supervisor or higher level staff may place an inmate or parolee refusing to sign the CDC Form 1515 into custody pending a revocation hearing.”). Although the BPH regulations still contain a rule that parolees must sign their conditions of parole, it is unclear whether this provision is still enforced in cases in which the BPH has parole authority. ↑
DOM § 81010.16; 15 Cal. Code Regs. § 3075.2(b)(3)(A). ↑
People v. Lent, 15 Cal. 3d 481, 486 (1975); People v. Dominguez, 256 Cal. App. 2d 623, 627 (1967). Many of the relevant cases deal with probation conditions, to which courts usually apply the same analysis as to parole conditions. See also People v. Petty, 213 Cal. App. 4th 154 (2013) (condition requiring parolee to take psychiatric drugs invalid where no connection between mental health condition and criminality); People v. Brandao, 210 Cal. App. 4th 568 (2012) (prohibition on associating with gang members must have connection to parolee’s criminality); People v. Olguin, 45 Cal. 4th 375 (2008) (condition requiring notification of all pets in home valid to protect supervising officer’s safety during home visits). ↑
People v. Kidoo, 225 Cal. App. 3d 922 (1990), overruled on other grounds in People v. Welch, 5 Cal. 4th 228 (1993). ↑
People v. Smith, 152 Cal. App. 4th 1245, 1250 (2007). ↑
People v. Fritchey, 2 Cal. App. 4th 829, 838 (1992); U.S. v. Bonanno, 452 F. Supp. 743, 752 (N.D. Cal. 1978). See also People v. Bauer, 211 Cal. App. 3d 937 (1989) (condition not to become pregnant); People v. Pointer, 151 Cal. App. 3d 1128, 1139 (1984) (forbidding living with parents); People v. Beach, 147 Cal. App. 3d 612, 622-623 (1983) (banishing from home); In re Sheena K., 116 Cal. App. 4th 436 (2004) (not associating with anyone disapproved by officer); People v. O’Neil, 165 Cal. App. 4th 1351 (2008) (same); Hyland v. Procunier, 311 F. Supp. 749 (N.D. Cal. 1970) (condition to get permission before making speech); Arciniega v. Freeman, 404 U.S. 4, 92 S. Ct. 22 (1971) (not associating with ex-convicts at work); People v. Garcia, 19 Cal. App. 4th 97, 101-102 (1993) (not associating knowingly or unknowingly with ex-felons or drug users); In re Justin S., 93 Cal. App. 4th 811 (2001) (not associating with “any gang members”); In re Stevens, 119 Cal. App. 4th 1228 (2004) (prohibiting use of computers or Internet when neither used in committing crime); U.S. v. Williams, 356 F.3d 1045 (9th Cir. 2004) (requiring release to take medications); In re H.C., 175 Cal. App. 4th 1067 (2009) (not frequenting areas of gang activity); U.S. v. Soltero, 510 F.3d 858, 867 (9th Cir. 2007) (not associating with members of “disruptive groups”); U.S. v. Wolf Chold, 699 F.3d 1082 (9th Cir 2012) (condition not to live with or be in company of minor under 18 or socialize with minor children). ↑
People v. Turner, 155 Cal. App. 4th 1432 (2007). ↑
See People v. Burden, 205 Cal. App. 3d 1277 (1988); People v. Lewis., 77 Cal. App. 3d 455 (1978); People v. Keefer, 35 Cal. App. 156 (1972). ↑
See People v. Burden, 205 Cal. App. 3d 1277 (1988). ↑
The information for 290 registrants was adapted from an informational letter from the Prison Law Office, Information Regarding California’s Sex Offender Registration, Tracking, Residency And Public Notice Requirements (May 2015), available at http://prisonlaw.com/wp-content/uploads/2015/09/SexOffender-Prop83May2015.pdf . ↑
Cal. Penal Code §§ 290(b), 290.015. ↑
Cal. Penal Code §§ 290, 290.003. ↑
Cal. Penal Code §§ 290.006. ↑
Sectencing judges may make discretionary findings and orders requiring defendants to register as sex offenders without violating the constitutional Sixth Amendment right to a jury trial. People v. Mosley (2015) 60 Cal.4th 1044. ↑
Cal. Penal Code § 290.008. The list of juvenile offenses for which registration is required is shorter than that which applies to adults or juveniles tried as adults. Compare Cal. Penal Code § 290.008(c) with § 290(c) and § 290.006. See also In re Derrick B. (2006) 39 Cal.4th 535, 539- 540 (court does not have authority to require juvenile to register for offense not listed in registration statute applicable to juveniles, even if offense was committed for sexual gratification). Also, registration is not required if the juvenile was discharged from the CYA for the sex offense before January 1, 1986. Cal. Penal Code § 290.008(a). ↑
Cal. Penal Code § 290.004. ↑
Cal. Penal Code § 290.001, 290.004. Note: A person is designated as a SVP (sexually violent predator) through a civil commitment proceeding. Even though the SVP determination process is civil and not criminal, it still triggers a registration requirement under Cal. Penal Code § 290 et seq. See Cal. Wel. & Inst. Code § 6600. On the other hand, the MDSO designation allowed for people on state parole to be committed to state mental health institutions or outpatient programs. The MDSO law was repealed in 1982, but individuals who were in state hospitals and community programs at the date it was repealed are still subject to its provisions and are required to register under Section 290.) See former Cal. Wel. & Inst. Code §§ 6300-6330 (repealed in 1982). ↑
Cal. Penal Code § 290.005. ↑
Cal. Penal Code § 290.002, 290.005(c). ↑
Cal. Penal Code § 290.017; but see Maciel v. Cate (9th Cir. 2013) 731 F.3d 928 (sex offender subject to mandatory registration requirement even though sentencing judge failed to include it in the oral and written sentencing orders). ↑
See People v. McClellan (1993) 6 Cal.4th 367, 379-381 (defendant may be allowed to withdraw guilty plea if he was not advised of mandatory registration requirement and would not have entered the plea if he had known of it); People v. Zaidi (2007) 147 Cal.App.4th 1470 (same); see also People v. Olea (1977) 59 Cal.App.4th 1289, 1298-1299 (discretionary registration requirement may not be imposed after no contest or guilty plea unless the possibility of registration was included in the plea agreement). Any challenge to the plea should be filed as soon as the defendant becomes aware of the registration requirement; otherwise, the challenge may be deemed to be untimely. See In re Douglas (2011) 200 Cal.App.4th 236. ↑
Cal. Penal Code § 290.017; Lambert v. California (1957) 355 U.S. 225, 229-230 (registration provisions violate due process if person has no knowledge of duty to register). ↑
Cal. Penal Code § 290.002 ↑
Cal. Penal Code § 290.013. ↑
Cal. Penal Code § 290.013; see People v. Wallace (2009)176 Cal.App.4th 1088 (overturning convictions for failure to update registration where defendant may have moved out of state, but upholding conviction for failure to provide notice of move). ↑
42 U.S.C. § 16901 et seq. (effective on July 27, 2006). SORNA has withstood most constitutional challenges. See e.g., United States v. Shoulder (9th Cir. 2013)738 F.3d 948 (SORNA does not violate ex post facto or due process clause, and is within the scope of Congress's authority); United States v. Elkins (9th Cir. 2012) 683 F.3d 1039 (SORNA does not violate ex post facto clause); United States v. Richardson (9th Cir. 2014) 754 F.3d 1143 (OK to delegate authority to Attorney General to determine extent of SORNA’s retroactive applicability); United States v. Cabrera-Gutierrez (9th Cir. 2013) 756 F.3d 1125 (U.S. Congress has authority under Commerce Clause to enact SORNA); but see Reynolds v. United States (2012) __ U.S. __; 132 S. Ct. 975 (sex offenders whose crimes were committed prior to SORNA can’t be punished for violations that occurred before U.S. Attorney General issued valid retroactivity rules) and United States v. Mattix (9th Cir. 2012) 694 F.3d 1082 (SORNA’s effective date for people with pre-SORNA sex offenses is August 1, 2008). ↑
The criminal penalties for moving, working, or going to school out-of-state and knowingly failing to comply with SORNA are found in 18 U.S.C. § 2250. ↑
Cal. Penal Code § 290.010. ↑
Cal. Penal Code § 290.015. ↑
Cal. Penal Code §§ 290(b), 290.015. ↑
Cal. Penal Code § 290(b). ↑
Cal. Penal Code § 290.010. ↑
Cal. Penal Code § 290.011(g) (“Residence means one or more addresses at which a person regularly resides, regardless of the number of days or nights spent there, such as a shelter or structure that can be located by a street address, including, but not limited to, houses, apartment buildings, motels, hotels, homeless shelters, and recreational and other vehicles.”); see People v. Gonzales (2010) 183 Cal.App.4th 24 (upholding conviction for failing to register as a second “residence” a place where defendant visited about three times a week but did not spend the night); People v. Williams (2009) 171 Cal.App.4th 1667, 1672-1673 (“residence” need not be a place which has the potential of becoming a permanent home). ↑
Cal. Penal Code Code § 290.010. ↑
Cal. Penal Code § 290.015. ↑
Cal. Penal Code §§ 290(b), 290.009. ↑
Cal. Penal Code § 290.012(a). ↑
Cal. Penal Code § 290.011(a)-(b). ↑
Cal. Penal Code § 290.011(b). ↑
Cal. Penal Code § 290.011(d). ↑
Cal. Penal Code § 290.11(g); 15 CCR § 3652(c)(2); People v. Deluca (2014) 228 Cal.App.4th 1263 (National Guard Armory winter emergency shelter is a “residence”). ↑
Cal. Penal Code § 290.011(b). ↑
Cal. Penal Code § 290.012(b); Litmon v. Harris (2014) 768 F.3d 127 (90-day verification requirement for SVPs does not violate due process or equal protection). ↑
Cal. Penal Code § 290.014; see People v. Vincelli (2005) 132 Cal.App.4th 646 (law requiring registration after name change not unconstitutionally vague). ↑
Cal. Penal Code § 290.013(d). ↑
Cal. Penal Code § 290.015(a) (referencing Cal. Penal Code § 290(b)). ↑
Cal. Penal Code § 290.015(a). ↑
Cal. Penal Code § 290.85(a). ↑
Cal. Penal Code § 290.85. ↑
Cal. Penal Code §§ 290.014(b), 290.015(a)(4)-(6). An “internet service provider” is “a business, organization, or other entity providing a computer and communications facility directly to consumers through which a person may obtain access to the Internet,” but does not include “any system operated or services offered by a library or educational institution.” Cal. Penal Code § 290.024(a). An “internet identifier” is “an electronic mail address, user name, screen name, or similar identifier used for the purpose of Internet forum discussions, Internet chat room discussions, instant messaging, social networking, or similar Internet communication.” Cal. Penal Code § 290.024(b). ↑
Cal. Penal Code § 290.014(b). ↑
Cal. Penal Code § 290.012(a); Cal. Penal Code § 290.015(a). ↑
Doe v. Harris (N.D. Cal.) No. CV12-5713; Doe v. Harris (9th Cir. 2014) 772 F.3d 536. ↑
Cal. Penal Code §§ 290(b), 290.005. ↑
Cal. Penal Code §§ 290(b), 290.015. ↑
Cal. Penal Code § 290.010. ↑
Cal. Penal Code § 290.015. ↑
Cal. Penal Code §§ 290(b), 290.009. ↑
Cal. Penal Code § 290.018. ↑
People v. Fioretti (1997) 54 Cal.App.4th 1209, 1217. Even if your sex offense conviction is later reversed or vacated by a court, the State can prosecute and convict you for a registration violation that occurred before the reversal of the sex offense conviction. In re Watford (2010) 186 Cal.App.4th 684, 687. ↑
42 U.S.C. § 16901 et seq.; People v. Davis (2011) 202 Cal. App. 4th 429 (federal prosecution for failing to register under SORNA did not bar state court action). ↑
Cal. Penal Code § 290.018(i). ↑
People v. Britt (2004) 32 Cal.4th 944, 953-954; People v. Meeks (2004) 123 Cal.App.4th 695, 703; People v. Villegas (2012) 205 Cal. App. 4th 642 (failure to report move, and failure to report new address upon learning of it, were separate violations which allowed for multiple convictions, but multiple punishments were prohibited). ↑
See Cal. Penal Code §§ 667(b)-(i), 667.5(c), 1192.7(c). Although Proposition 36, which passed on November 7, 2012, reduces the scope of California’s “Three Strikes” law, a person who has two prior “strikes” and is convicted of failing to register can still get a life sentence in some circumstances. ↑
See, e.g., In re Coley (2012) 55 Cal.4th 524 (not cruel and unusual punishment to sentence defendant to 25 years to life for failing to update registration where refusal to register was intentional and prior criminal history heinous); Crosby v. Schwartz (9th Cir. 2012) 678 F.3d 784 (26 years to life was not cruel and unusual punishment for a registration violation where defendant had lied about his identity in an attempt to deceive); see also People v. Nichols (2009) 176 Cal.App.4th 428, 435-436; People v. Haller (2009) 174 Cal.App.4th 1080; People v. Poslof (2005) 126 Cal.App.4th 92, 108-109; People v. Meeks (2004) 123 Cal.App.4th 695, 703. ↑
People v. Carmony (2005) 127 Cal. App. 4th 1066 ("Because a 25–year recidivist sentence imposed solely for failure to provide duplicate registration information is grossly disproportionate to the offense, shocks the conscience of the court and offends notions of human dignity, it constitutes cruel and unusual punishment under both the state and federal Constitutions. We shall remand the matter to the trial court for resentencing.”). See also Gonzalez v. Duncan (9th Cir. 2008) 551 F.3d 875, 877 (citing analogous facts to Carmony and remanding with instructions to resentence.) ↑
Cal. Penal Code § 290.018(a)-(b); People v. Garcia (2001) 25 Cal.4th 744, 754. ↑
Bartlett v. Alameida (9th Cir. 2004) 366 F.3d 1020, 1024 (although there was evidence that petitioner was given written notice of duty to register, petitioner was entitled to present evidence that he did not read the forms, did not comprehend them, or misinterpreted the requirements); People v. Edgar (2002) 104 Cal.App.4th 210, 221 (conviction reversed where defendant was transient, documents did not provide clear notice of requirements, and prosecutor failed to show defendant knew he was required to register additional addresses); People v. Aragon (2012) 207 Cal. App. 4th 504 (no willful violation of where defendant, who lived in a mobile trailer but continued to register as a transient, did not know that trailer was a residence). ↑
People v. Garcia (2001) 25 Cal.4th 744, 754-755; People v. Vigil (2001) 94 Cal.App.4th 485, 501-502. ↑
People v. Barker (2004) 34 Cal.4th 345, 356-357; People v. Sorden (2005) 36 Cal.4th 65, 72; People v. Bejarano (2009) 180 Cal.App.4th 583. ↑
People v. Sorden (2005) 36 Cal.4th 65, 72. ↑
Penal Code § 3004(b); see also Penal Code § 3000.07(a). Also, please note that it is unclear whether the lifetime GPS rule is being enforced (it appears that it is not); and in an interesting development, the U.S. Supreme Court held that forcing a person to wear a GPS device for life constitutes a “search” under the U.S. Constitution’s Fourth Amendment. The Court sent the case back to the state courts to rule on whether such a requirement is unreasonable. Grady v. North Carolina (2015) __ U.S.__; 135 S.Ct.1368. ↑
Doe v. Schwarzenegger (E.D.Cal. 2007) 476 F.Supp.2d 1178. ↑
Cal. Penal Code § 3004(a), 3010-3010.7. ↑
Cal. Penal Code § 3010.10(a). ↑
Cal. Penal Code § 3000.07(b). ↑
Cal. Penal Code § 3000.07(b). ↑
Cal. Penal Code § 3010.10(d)-(e). ↑
In an interesting development, the U.S. Supreme Court held that forcing a person to wear a GPS device for life constitutes a “search” under the U.S. Constitution’s Fourth Amendment. The Court sent the case back to the state courts to rule on whether such a requirement is unreasonable. Grady v. North Carolina (2015) __ U.S.__; 135 S.Ct.1368. ↑
15 Cal. Code Regs. § 3571(e)(4). If you are required to register as a sex offender, you cannot reside within 2,000 feet of any school or park where children regularly gather. In certain cases, CDCR may also impose other residency restrictions as special parole conditions on individuals. ↑
Cal. Penal Code § 3003(g); 15 C ↑
Cal. Penal Code § 3003.5(a). ↑
Cal. Penal Code § 3003.6. ↑
Cal. Penal Code § 3003.5(b). The State has taken the position that Proposition 83 residency restriction applies only while sex offenders are on parole. People v. Mosley (2015) 60 Cal.4th 1044; In re E.J. (2010) 47 Cal.4th 1258, 1271, fn. 5. See also Doe v. Schwarzenegger(E.D. Cal. 2007) 476 F.Supp.2d 1178 (Prop. 83 residency provision did not apply to people who were convicted prior to November 8, 2006 and paroled prior to that date); In re E.J. (2010) 47 Cal.4th 1258, 1272-1273 (Prop. 83 residency restrictions applied to all people released on parole on or after November 8, 2006). ↑
In re Taylor, 60 Cal.4th 1019 (2015). ↑
The counties that granted temporary relief to individual parolees include San Diego, Los Angeles, Sacramento, San Francisco, Contra Costa, & San Bernardino. ↑
In Re Taylor, 60 Cal.4th 1019 (2015). ↑
CDCR, Laws Related to Sex Offender Parolees, http://www.cdcr.ca.gov/parole/Sex_Offender_Facts/sex-offender-laws.html ↑
15 Cal. Code Regs § 3590.1(b). ↑
15 CCR 3582(b); Cal. Penal Code § 288(a). ↑
Cal. Penal Code § 288(a). ↑
Cal. Penal Code § 288.5. ↑
CDCR, Laws Related to Sex Offender Parolees, http://www.cdcr.ca.gov/parole/Sex_Offender_Facts/sex-offender-laws.html ↑
15 Cal. Code Regs § 3590.1(d). ↑
15 Cal. Code Regs §§ 3590.2(a) and 3590.3(b) ↑
15 Cal. Code Regs § 3590. ↑
See Cal. Penal Code § 3000.08. ↑
People v. Nguyen, 222 Cal. App. 4th 1168 (2014). ↑
Cal. Penal Code § 3003.6. ↑
Cal. Penal Code § 290.95(c). ↑
Cal. Penal Code § 290.95(a) and (b). ↑
Cal. Penal Code § 3003.6(b); Cal. Penal Code § 290.95(e). ↑
Cal. Penal Code § 290.46. ↑
These public notification rules apply even to a person who entered a plea bargain to a sex offense prior to the adoption of Megan’s Law on September 24, 2004, unless there was a specific agreement that future retroactive changes to the registration laws wouldn’t apply. See Doe v. Harris, 57 Cal.4th 64. (2013). ↑
Cal. Penal Code § 290.46(a)(1). ↑
Cal. Penal Code § 290.45. ↑
Cal. Penal Code § 290.46(k). ↑
FAQ, Alliance for Constitutional Sex Offense Laws, http://all4consolaws.org/faq/ . ↑
Cal. Penal Code § 290.46(j) and (l). ↑
Cal. Penal Code § 290.46(l)(2). ↑
People v. Gonzales (2013) 56 Cal.4th 353 (holding that, in an SVP proceeding that took place prior to enactment of waiver requirement, admission of parolee’s statements to therapist did not violate his constitutional right to privacy; although admission of the statements violated California privilege statutes, the error was deemed harmless.) ↑
Courts have found some of these conditions to be invalid. See e.g., In re Stevens 119 Cal.App.4th 1228 (2004) (unreasonable to prohibit use of computers Internet when neither used in committing crime); United States v. Gnirke 775 F.3d 1155 (2015) (special condition of supervision barring possession of any materials that depicted “sexually explicit conduct” involving either children or adults, and forbidding registrant from patronizing any place where such materials or entertainment were available was overbroad). ↑
Whether such conditions are lawful depends on case-by-case factors, such as the scope of the condition, your type and number of sex offenses, the findings of any risk assessment evaluation, the sex and age of the minor child, and the closeness of the family relationship. See e.g., United States v. Wolf Child (9th Cir 2012) 699 F.3d 1082 (unreasonable and overbroad to prohibit registrant from living with or being in company of any minor under 18 or socializing with anyone with minor children, resulting in registrant being unable to live with or see his own (non-victim) daughters or socialize with his fiancée). ↑
Cal. Penal Code § 3000.08. ↑
People v. Dominguez, 256 Cal.App.2d 623, 627 (1967); People v. Lent, 15 Cal.3d 481, 486 (1975). Although Dominguez and Lent concern probation conditions, courts apply the same legal analysis to conditions of parole. In re Corona, 160 Cal.App.4th 315 (2008) ; In re Stevens,119 Cal.App.4th 1228, 1234 (2004). ↑
See e.g., In re Babak S., 18 Cal.App.4th 1077, 1084-1085 (1993) In re Stevens, 119 Cal.App.4th 1228 (2004); In re Daniel R., 144 Cal.App.4th 1 2006). ↑
People v. Smith, 152 Cal.App.4th 1245, 1250 2007) In re Stevens, 119 Cal.App.4th 1228 (2004); United States v. Wolf Child (9th Cir 2012) 699 F.3d 1082. ↑
See People v. Burden, 205 Cal.App.3d 1277 (1988). ↑
See, e.g., In re E.J., 47 Cal.4th 1258 (2010) (staying enforcement of residence restriction pending determination of petitions for writ of habeas corpus); see also In re Alcala, 222 Cal.App.3d 345, 352 & n.4 (1990) (noting that temporary restraining order had been issued pursuant to habeas petition, enjoining enforcement of prison restrictions on clothing); Faucette v. Dunbar, 253 Cal.App.2d 338, 340, 346 (1967) (affirming preliminary injunction enjoining revocation of petitioner's parole); Diamontiney v. Borg, 918 F.2d 793 (9th Cir. 1990); Taylor v. Honig, 910 F.2d 62 (9th Cir. 1990). ↑
People v. Picklesimer, 48 Cal.4th 330 (2010) ; In re Stier, 152 Cal.App.4th 63 (2007). ↑
Bagley v. Harvey (9th Cir.1983) 718 F.2d 921, 922–23 (state parolee may challenge parole conditions through a federal habeas petition). ↑
Thornton v. Brown (9th Cir. 2013) 757 F.3d 834; Shoemaker v. Harris (2013) 214 Cal.App.4th 1210. ↑
The information in this section on sex offender registration and residency requirements/Proposition 83 is largely adapted from an informational letter from the Prison Law Office, Information Regarding California’s Sex Offender Registration, Tracking, Residency And Public Notice Requirements, http://prisonlaw.com/wp-content/uploads/2015/09/SexOffender-Prop83May2015.pdf (updated May 2015). ↑
Cal. Penal Code § 2962. The definition of a crime involving violence under Cal. Penal Code § 2062(e) is broader than the definition of violent felonies in Cal. Penal Code § 667.5(c). ↑
The DSH was formerly known as the Department of Mental Health (DMH). ↑
Cal. Penal Code § 2962(d)(1). ↑
Cal. Penal Code § 2962(d)(1). ↑
15 Cal. Code Regs. § 2573(c). ↑
Cal. Penal Code §§ 2966 and 2978; 15 Cal. Code Regs. §§ 2573-2574. ↑
Cal. Penal Code § 2966(a); 15 Cal. Code Regs. § 2576(b). ↑
15 Cal. Code Regs. § 2576(b)(4). ↑
Cal. Penal Code § 2966(a)-(b). ↑
Cal. Penal Code § § 2964. ↑
Cal. Penal Code § § 2964(b). ↑
Cal. Penal Code § § 2964; 15 Cal. Code Regs. § 2578. ↑
For more information on Panel Attorneys, see CDCR Panel Attorney Program Guide, http://www.cdcr.ca.gov/BOPH/docs/Attorney_Orientation/Panel_Attorney_Program_Guide.pdf . ↑
Cal. Penal Code § 2964(a) and (b); 15 Cal. Code Regs. §§ 2576, 2578. Your email must be made within sixty days of the BPH’s determination that your are an MDO. ↑
15 Cal. Code Regs. §§ 2535 and 2580. ↑
15 Cal. Code Regs. § 2580(b)-(c). ↑
Cal. Penal Code § 2972.1. ↑
Cal. Penal Code § 2970(e). ↑
Cal. Penal Code § 2970(a). ↑
Cal. Penal Code § 2970. ↑
The burden of proof in an MDO hearing is “beyond a reasonable doubt”—this means that in order for your to be re-committed, the district attorney must prove, beyond a reasonable doubt, that you are still both: (1) diagnosed with a serious mental illness that causes you to pose a substantial danger of physical harm to others AND (2) were sentenced to prison for an offense involving violence. Cal. Penal Code § 2970. ↑
15 Cal. Code Regs. § 3084.6(e)(2). ↑
CDCR Form 22, “Request for Interview, Item or Service” is not available online. You should request the most current version from your parole agent. A version is included in Appendix I, PG. 280, for your reference or use. ↑
15 Cal. Code Regs. § 3086(c)(4). ↑
15 Cal. Code Regs. § 3086(f)(4). ↑
15 Cal. Code Regs. §§ 3084.2; 3084.3 ↑
15 Cal. Code Regs. § 3084.3(b). ↑
15 Cal. Code Regs. § 3084.3(d). ↑
See Ngo v. Woodford (9th Cir. 2008) 539 F.3d 1108; Harvey v. Jordan (9th Cir. 2010) 605 F.3d 681. ↑
15 Cal. Code Regs. § 3084.7. ↑
15 Cal. Code Regs. § 3084.9(d). ↑
15 Cal. Code Regs. § 3084.9(d)(2). ↑
15 Cal. Code Regs. § 3084.9(d)(3). ↑
15 Cal. Code Regs § 3084.8(b). ↑
15 Cal. Code Regs. § 3084.8(b). ↑
15 Cal. Code Regs. § 3084.3(b). ↑
15 Cal. Code Regs. § 3084.3(d). ↑
See Ngo v. Woodford (9th Cir. 2008) 539 F.3d 1108; Harvey v. Jordan (9th Cir. 2010) 605 F.3d 681. ↑
15 Cal. Code Regs. § 3084.5(b)(2) and § 3084.9(a)(3). ↑
15 Cal. Code Regs. § 3084.8(g). ↑
15 Cal. Code Regs. § 3084.9(a). ↑
15 Cal. Code Regs. § 3084.9(a)(2). ↑
15 Cal. Code Regs. § 3084.5(b)(2) and § 3084.9(a)(3). ↑
15 Cal. Code Regs. § 3084.9(a)(4). ↑
15 Cal. Code Regs. § 3084.2(e). ↑
15 Cal. Code Regs. § 3084.8(c)(1). ↑
15 Cal. Code Regs. § 3084.8(c)(2). ↑
15 Cal. Code Regs. § 3084.8(c)(3).) ↑
15 Cal. Code Regs. § 3084.8(e). ↑
15 Cal. Code Regs. § 3086(e)(2). ↑
15 Cal. Code Regs. § 3084.6(b). ↑
15 Cal. Code Regs. §§ 3084.5(b)(3) and 3084.6(a)(1). ↑
15 Cal. Code Regs. § 3084.6(a)(2). ↑
15 Cal. Code Regs. § 3084.6(a)(4). ↑
See Woodford v. Ngo (2006) 548 U.S. 81 [126 S.Ct. 2378; 165 L.Ed.2d 368]. ↑
15 Cal. Code Regs. § 3084.6(c). ↑
15 Cal. Code Regs. § 3084.5(b)(3). ↑
15 Cal. Code Regs. § 3084.6(a)(3) and (4). ↑
15 Cal. Code Regs. § 3084.6(e). ↑
15 Cal. Code Regs. § 3084.4(a) and § 3084.9(a)(2). ↑
15 Cal. Code Regs. § 3084.4(b) and (c). ↑
15 Cal. Code Regs. § 3084.4(d)-(f). ↑
15 Cal. Code Regs. § 3084.4(g) and (h). ↑
Prison Law Office, The Parolee Rights Manual, at 34, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf (updated Aug. 2013). ↑
Cal. Penal Code § 3003(b)(3)-(4). ↑
Cal. Penal Code § 3003(b). If you receive treatment pursuant to Penal Code section 2960—BPH may also deny your transfer request if your requested county doesn’t have the necessary outpatient treatment programs. ↑
See Cal. Penal Code § 3003(b); DOM § 81010.2 et seq. (describes CDCR’s parole placement and transfer policy and considerations). See also DOM 81010.11 et seq. (described DAPO’s internal procedures forhandling transfer requests); 15 CCR § 3523 (describes direct placement of parolees into DAPO programs in conjunction with a county transfer). ↑
Cal. Penal Code § 3003(b). ↑
Cal. Penal Code § 3003(b)(3)-(4). ↑
Cal. Penal Code § 3003(b). ↑
Cal. Gov’t Code § 11135 (2011). ↑
42 U.S.C. § 12131 et seq. ↑
Armstrong v. Brown Remedial Plan at 4, Bd. of Parole Hearings, Cal. Dep’t of Corr. & Reh. ↑
Armstrong v. Brown Remedial Plan at 4, Bd. of Parole Hearings, Cal. Dep’t of Corr. & Reh. ↑
42 U.S.C. § 12131 et seq. ↑
See Prison Law Office, The Parolee Rights Manu (updated Aug. 2013) at 43, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf ↑
See Armstrong Remedial Plan (Jan. 3, 2001), § IV.S; Clark Remedial Plan (Mar. 1, 2002), § VIII. ↑
See Armstrong Remedial Plan (Jan. 3, 2001), § IV.S; Clark Remedial Plan (Mar. 1, 2002), § VIII. ↑
See Armstrong Remedial Plan (Jan. 3, 2001), § IV.S; Clark Remedial Plan (Mar. 1, 2002), § VIII. ↑
See Cal. Dep’t of Corr. & Reh., Fact Sheet: 2011 Public Safety Realignment, http://www.cdcr.ca.gov/realignment/docs/realignment-fact-sheet.pdf . ↑
Cal. Penal Code § 3000.08(a). ↑
Cal. Penal Code § 3000.08(j). ↑
Cal. Penal Code §§ 1203.2(b)(1) and (f). ↑
Cal. Penal Code § 3000.08(f)(1). ↑
Cal. Penal Code § 3000.08. Cal. Penal Code § 3056(a). ↑
Cal. Penal Code § 3057(e). ↑
Cal. Penal Code § 3000.1(d). ↑
See Brinegar v. United States, 338 U.S. 160, 175 (1949). ↑
Cal. Penal Code § 3000.08(c). ↑
Cal. Penal Code §§ 1203.2(a), 3000.08(c), and 3056; People v. Woodall, 216 Cal. App. 4th 1221 (2013). ↑
Cal. Penal Code § 3000.08(d). ↑
Cal. Penal Code § 3000.08(c). ↑
Cal. Penal Code §§ 3000.08(d)-(f). Please note that the PRCS 1515 form includes a flash incarceration waiver, http://www.cdcr.ca.gov/realignment/regionaltrainingdocs/Tanya/CDCRFORM1515-CSPRCS(07-11).pdf . ↑
Cal. Penal Code § 3000.08(f). ↑
Cal. Penal Code § 3000.08(f). ↑
The Valdivia Injunction, which previously set timeliness requirements on the parole revocation process, is no longer in effect. Because of the major changes in parole laws, the court overseeing Valdivia decided that the case is “moot” (meaning no longer applicable) and that any problems with the new parole revocation procedures will have to be raised in new cases. Thus, advocates for people on parole have expressed concerns that there could be long delays between the placement of parole holds in jail and CDCR’s filing of revocation petitions. Advocates are also concerned that parolees may be pressured into giving up their rights and taking “screening offers” (like a parole revocation plea bargain) without having an opportunity to consult with an attorney. See also Prison Law Office, The Parolee Rights Manual at 43, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf . ↑
Cal. Penal Code § 3000.08. ↑
Cal. Penal Code § 1203.2. ↑
Cal. Penal Code § 3056. ↑
In re Law, 10 Cal.3d 21, 26. (1973) (no due process right to bail while parole violation proceedings are pending). ↑
Cal. Penal Code § 3056. ↑
Cal. Penal Code § 1381.5; Gonzalez v. Superior Court, 166 Cal. App. 4th 922 (2008). ↑
Cal. Penal Code § 3063. Note: In Morrissey v. Brewer, the U.S. Supreme Court established the minimum due process requirements for parole revocation proceedings under the Fourteenth Amendment to the U.S. Constitution. Cases since Morrissey have reaffirmed those rights and described them with greater detail. ↑
Morrissey v. Brewer, 408 U.S. 471, 488-89 (1972); Vanes v. U. S. Parole Comm’n, 741 F.2d 1197 (9th Cir. 1984) (due process violated by lack of notice of basis for parole violation charge); Rizzo v. Armstrong, 921 F.2d 855, 858 (9th Cir. 1990) (failure to give notice of consequences if parole revoked at hearing). ↑
Morrissey v. Brewer, 408 U.S. 471, 498, 92 S. Ct. 2593 (1972) (“As we said in another connection in Greene v. McElroy, 360 U.S. 474, 496–97 (“Certain principles have remained relatively immutable in our jurisprudence. One of these is that where governmental action seriously injures an individual, and the reasonableness of the action depends on fact findings, the evidence used to prove the Government's case must be disclosed to the individual so that he has an opportunity to show that it is untrue.”). See also People v. Moore, 34 Cal. 3d 215 (1983) (state has duty to preserve and disclose material physical evidence). ↑
Morrissey v. Brewer, 408 U.S. 471, 485 (1972); People v. Woodall, 216 Cal. App. 4th 1221 (2013) (probation revocation procedures that fail to provide probable cause hearing do not violate due process rights if full hearing occurs relatively soon or if preliminary hearing on any new criminal charges is conducted). See also Cal. Penal Code § 1381.5; Gonzalez v. Superior Court, 166 Cal. App. 4th 922 (2008). ↑
See Morrissey v. Brewer, 408 U.S. 471, 488-89 (1972). You can subpoena and present witnesses and documentary evidence to the same extent that the State can (In re Carroll, 80 Cal. App.3d 22, 34 (1978)). ↑
Morrissey v. Brewer, 408 U.S. 471, 488-89 (1972); Valdivia v Schwarzenegger, 599 F.3d 984, 989 (9th Cir. 2010). ↑
U.S. Const. amend. VI; Cal. Const. art. I, § 15. Thus, upon the your request, the people who gave the information that proves the parole violation charge should be made available for you to question them at the hearing, unless the judge determines that requiring the witness to appear would create a risk of harm. If the state has “good cause” (a good explanation or reason) for failing to present a witness and that good cause outweighs your right to confront the witness, the witness’s prior statements may be presented at the hearing, even if those statements were made outside of court. The more important the witness’s testimony is to the case, the stronger your right to confront and cross-examine that witness is. Courts may overturn a parole revocation if the hearing officer relies on unsworn hearsay (out of court statements) without determining the unavailability of the declarant or the reliability of the hearsay, or without considering the parolee’s interests prior to admitting the evidence. See, e.g., In re Miller, 145 Cal. App. 4th 1228 (2006). ↑
Morrissey v. Brewer, 408 U.S. 471, 488-89 (1972). ↑
Morrissey v. Brewer, 408 U.S. 471, 488-89 (1972). ↑
In re La Croix, 12 Cal. 3d 146, 153 (1974). ↑
Morrissey v. Brewer, 408 U.S. 471, 487 (1972). ↑
See U.S. v. Comito, 177 F.3d 1166 (9th Cir. 1999); In re Melendez, 37 Cal. App. 3d 967, 973 (1974); In re Prewitt, 8 Cal. 3d 470, 477-78 (1972); In re Love, 11 Cal. 3d 179 (1974) (due process violation in failure to disclose contents of “confidential” report where disclosure would not endanger any informant). ↑
See Penn. Bd. of Prob. & Parole v. Scott, 524 U.S. 35 (1998) (exclusion of evidence at parole hearing would hinder functioning of parole system); In re Martinez, 1 Cal. 3d 641, 649-52 (1970), disapproved on other grounds in In re Tyrell J., 8 Cal. 4th 68 (1994); In re Love, 11 Cal. 3d 179, 190 (1974). ↑
Cal. Penal Code §§ 3000.08(f)-(g), 3004(a), 3056(a). ↑
Cal. Penal Code § 3056(a). ↑
Cal. Penal Code § 3056(a). A parolee may not be kept in custody beyond the maximum parole discharge date (see Section 16.C, above). You are no longer subject to extensions of your revocation sentence for in-custody misconduct (meaning bad behavior while you are in jail/custody). See Cal. Penal Code § 3057(e). ↑
Cal. Penal Code § 4019. ↑
Cal. Penal Code § 3057(e). ↑
Cal. Penal Code § 3000.1(d). ↑
Cal. Penal Code §§ 3000.08(h), 3056(b). ↑
Cal. Penal Code § 3000.1(d). ↑
42 U.S.C. § 12131 et seq. ↑
See Prison Law Office, The Parolee Rights Manu (updated Aug. 2013) at 43, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf . ↑
See Armstrong Remedial Plan (Jan. 3, 2001), § IV.S; Clark Remedial Plan (Mar. 1, 2002), § VIII. ↑
See Armstrong Remedial Plan (Jan. 3, 2001), § IV.S; Clark Remedial Plan (Mar. 1, 2002), § VIII. ↑
Cal. Penal Code § 1237(b). ↑
Cal. Rules of Court, rule 8.308. ↑
Cal. Rules of Court, rule 8.300. ↑
Prison Law Office, The Parolee Rights Manual, at 34, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf (Aug. 2013). ↑
See In re Dexter, 25 Cal.3d 921, 925 (1979). ↑
Prison Law Office, The Parolee Rights Manual, at 34, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf (updated Aug. 2013). ↑
Cal. Penal Code § 1203.1(a). ↑
Cal. Penal Code § 1203(a). ↑
People v. Scroggins, 191 Cal. App. 3d 502, 505 (1987). ↑
See Cal. Penal Code § 1203(a). Informal probation is known under the penal code as a “conditional sentence.” ↑
See Cal. Penal Code § 1203(a–d). ↑
See Cal. Dep’t of Corr. & Reh., Post-Release Community Supervision, http://www.cdcr.ca.gov/realignment/Post-Release-Community-Supervision.html . ↑
For more information on split sentences, see University of California Berkeley: The Chief Justice Earl Warren Institute on Law and Social Policy, Thinking Critically About Realignment in California, https://www.law.berkeley.edu/files/bccj/Thinking_Critically_3-14-2012.pdf . ↑
Cal. Penal Code § 1203(d). ↑
Cal. Penal Code § 1203.1(a). ↑
For example, in Alameda County, informal probation is almost always 3 years. ↑
Cal. Penal Code § 1203.3(a). “The court may at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held.” ↑
Information/advice taken from: http://californiaexpungementhelp.com/early-termination-of-probation/ ↑
Cal. Penal Code § 1203.1(j). See also People v. Carbajal, 10 Cal.4th 1114, 1120 (1995). ↑
People v. Carbajal, 10 Cal.4th 1114, 1121 (1995). ↑
Cal. Penal Code § 1202.4(a). However, if the court finds “compelling and extraordinary reasons for not imposing restitution,” it must order community service as a condition of probation instead, unless it also finds “compelling and extraordinary reasons” for not requiring community service. Cal. Penal Code § 1202.4(n). ↑
Cal. Penal Code § 1203.1(a). ↑
See First District Appellate Project, Probation Conditions: Adults and Juveniles—What Types of Conditions are Unreasonable and Unconstitutional, http://www.fdap.org/downloads/articles_and_outlines/Seminar2011-ProbationConditions.pdf . ↑
Cal. Penal Code § 1203.1(a)(1). See also http://www.scscourt.org/self_help/criminal/misdemeanors.shtml . ↑
For example, if you are convicted of driving on a suspended license and this offense occurred within 5 years of a prior offense for driving on a suspended license, the court must impose a minimum 10-day jail sentence as a condition of probation (see Cal. Veh. Code § 14601(c) (West 2014)). The Cal. Gov’t Code also has special mandatory probationary terms for specific offenses, such as completion of a domestic violence rehabilitation program (DVRP) for those convicted of a crime of domestic violence (see Cal. Penal Code § 1203.097(a)(6) (West 2014)). ↑
Cal. Penal Code § 1203(a). ↑
For example, if the court ordered you to go to substance abuse treatment, then when you appear for your “progress report,” the court will ask for written reports or attendance sheets from your treatment program. ↑
Cal. Penal Code § 1203.3(a). ↑
Cal. Penal Code § 1203.3(b)(1). ↑
Cal. Penal Code § 1203.3(b)(2). ↑
Governed by Cal. Penal Code § 1203.9- the Court has jurisdiction over transfers. ↑
Cal. Penal Code § 1203.9(a)(2). ↑
The court must follow the Judicial Council’s procedures and court rules set out in Cal. Penal Code § 1203.9(d). ↑
Cal. Penal Code § 1203(a–d). ↑
Cal. Penal Code § 1203(a). ↑
Cal. Penal Code § 1203(a). ↑
Cal. Penal Code § 1203.1. ↑
Counties with Kiosk reporting include Alameda, Los Angeles, Orange, and Riverside. ↑
Cal. Penal Code § 1203.1(a) provides: “The court, or judge thereof, in the order granting probation, may suspend the imposing or the execution of the sentence and may direct that the suspension may continue for a period of time not exceeding the maximum possible term of the sentence, except as hereinafter set forth, and upon those terms and conditions as it shall determine. The court, or judge thereof, in the order granting probation and as a condition thereof, may imprison the defendant in a county jail for a period not exceeding the maximum time fixed by law in the case. However, where the maximum possible term of the sentence is five years or less, then the period of suspension of imposition or execution of sentence may, in the discretion of the court, continue for not over five years.” ↑
Each county sets its own mandatory minimum. Alameda County, Alpine County, Inyo County, Placer County, Plumas County, Sacramento County, San Joaquin County, & Tuolumne County require a minimum of 5 years on formal probation, while most counties in California only require a minimum of 3 years on formal probation. ↑
Cal. Penal Code § 1203.3(a). “The court may at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held.” ↑
Cal. Penal Code § 1203.1(a). ↑
Cal. Penal Code § 1203.1(c). ↑
Cal. Penal Code § 1203.1(a). ↑
See First District Appellate Project, Probation Conditions: Adults and Juveniles—What Types of Conditions are Unreasonable and Unconstitutional, http://www.fdap.org/downloads/articles_and_outlines/Seminar2011-ProbationConditions.pdf . ↑
Cal. Penal Code § 1202.4. ↑
Cal. Penal Code § 186.22(a) makes it illegal to participate in a gang. ↑
Governed by Cal. Penal Code § 1203.9- the Court has jurisdiction over transfers. ↑
Cal. Penal Code § 1203.9(a)(2). ↑
See Cal. Rules of Court, Rule 4.530. ↑
Cal. Penal Code §§ 3450–3465. ↑
Cal. Penal Code § 3450 et seq; 15 Cal. Code Regs. § 3079 et seq. ↑
Cal. Penal Code § 3000.09(c). ↑
Cal. Penal Code § 3451(b). ↑
Cal. Penal Code § 3451(a). ↑
CDCR, http://www.cdcr.ca.gov/realignment/Post-Release-Community-Supervision.html . ↑
CPOC, http://www.cpoc.org/assets/Realignment/whatcountiesneedtoknow.pptx . ↑
See L.A. Cnty. Prob. Dep’t, Just Released, http://probation.lacounty.gov/wps/portal/probation/!ut/p/b0/04_Sj9CPykssy0xPLMnMz0vMAfGjzOLdDAwM3P2dgo38g12MDTzd3J2cDf1NDI3MjPQLsh0VATnS4xE!/ . ↑
Cal. Penal Code § 3003. ↑
Cal. Penal Code § 3003(a)-(c). ↑
Cal. Penal Code § 3451(a). ↑
Cal. Penal Code § 3451(a). ↑
Cal. Penal Code § 3451(b). ↑
Cal. Penal Code § 3451(a)(1). ↑
Cal. Penal Code § 3456(a). ↑
Cal. Penal Code § 3452. ↑
Cal. Penal Code §§ 3067(a); 3453. ↑
See Cal. Dep’t of Corr. & Reh., Form 1515. ↑
See Cal. Dep’t of Corr. & Reh., Form 1515. ↑
See Prison Law Office, The Parolee Rights Manual at 34, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf ↑
See Prison Law Office, The Parolee Rights Manual at 34, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf ↑
Cal. Penal Code § 3450(b)(8). ↑
Cal. Penal Code § 3450(b)(8)(A). ↑
Cal. Penal Code §§ 3453(q) and 3454(c). People earn credit toward their PRCS terms for actual time spent in flash incarceration, but do not earn any good conduct credits for such incarceration. Cal. Penal Code §§ 4019(i), 3450(b)(8)(A). ↑
Cal. Penal Code § 3455(a)-(c). ↑
See Cal. Penal Code § 3460. ↑
See Cal. Penal Code § 1203.9. ↑
Chief Probation Officers of California, PRCS Transfer Protocol, http://www.cpoc.org/assets/Realignment/transfers of prcs offender protocol.pdf . ↑
Cal. Penal Code § 3460(a). ↑
Cal. Penal Code § 3460(a). ↑
Cal. Penal Code § 3460(b). ↑
See Cal Pen. Code § 3460(c); Chief Probation Officers of California, Protocol for Transfers of Postrelease Community Supervision Offenders (rev'd Dec. 10, 2015), http://www.cpoc.org/assets/Realignment/prcs%20transfer%20protocols%20rev%2012102015%20final.docx. ↑
Cal. Penal Code § 3455(a). ↑
Cal. Penal Code § 3455(a). ↑
Cal. Penal Code § 3455(a). ↑
Re-entry Court procedures are discussed at Cal. Penal Code § 3015. ↑
Cal. Penal Code § 3455(a) and (d). ↑
Cal. Penal Code § 3455(a) and (d). ↑
Cal. Penal Code § 1237(b) ↑
Cal. Penal Code § 1237(b) ↑
Cal. Rules of Court, Rule 8.308. ↑
See Cal. Penal Code § 1170(h)(5). ↑
Mandatory supervision is similar to probation, though mandatory may also include extra monitoring conditions, such as GPS monitoring or home detention. Fore more information about mandatory supervision and split sentences, see Rebecca Sullivan Silbert, Thinking Critically About Realignment in California, https://www.law.berkeley.edu/files/bccj/Thinking_Critically_3-14-2012.pdf . ↑
See Cal. Penal Code § 1170(h)(5). ↑
See Cal. Penal Code § 1170(a)(3). ↑
See L.A. Cnty. Prob. Dep’t, Just Released, http://probation.lacounty.gov/wps/portal/probation/!ut/p/b1/04_Sj9Q1MjA1tzS0NDcw04_Qj8pLLMtMTyzJzM9LzAHxo8zi3QwMDNz9nYKN_INdjA083dydnA39TQyNgo2ACiKRFRg4u1saeDqZuFt4mYUYOvuZE9Ifrh-FT0mwoTG6AixWgBUY4ACOBgSs8DLR9_PIz03Vz43KsfTMDEgHAB9RScE!/dl4/d5/L2dJQSEvUU . ↑
Cal. Penal Code § 1203.3(a). “The court may at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held.” ↑
Cal. Penal Code § 1170(h)(5)(B)(i). ↑
Cal. Penal Code § 1170(h)(5)(B). ↑
See Cal. Rules of Court, Rule 4.530. ↑
Cal. Penal Code § 1203.2(a)(2). ↑
Title II of ADA, § 202 (codified at 42 U.S.C. § 12132); Cal Gov’t Code § 11135; Cal. Civ. Code §§ 54 et seq. See also 28 C.F.R. Part 35 (implementing the ADA). In addition to federal and state law, some cities or counties may provide additional protections for individuals with disabilities, which protect your rights while you are on supervision in that county. Telephone call with Jennifer Scaife, Reentry Division Director, San Francisco Adult Probation Dept., Nov. 6, 2014. ↑
28 C.F.R. § 35.130. ↑
28 C.F.R. § 35.160(a). ↑
28 C.F.R. § 35.160(b). ↑
28 C.F.R. § 35.106. ↑
The information in this section is based on our staff’s conversation with probation staff in Alameda, Contra Costa, and Yolo Counties, and our law clerk’s conversation with probation staff in Sacramento. If your county Probation Department employs more than 50 people (including POs and other staff), the department is required by law to provide a formal complaint (grievance) process. 28 C.F.R. § 35.107(b). However, most Probation Departments do not have formal grievance procedures to request accommodations or complain about discrimination based on disability. ↑
Cal. Penal Code § 1203.2(a). ↑
Cal. Penal Code § 1203.2(a). ↑
Cal. Penal Code § 1203.2(a). ↑
Cal. Penal Code § 1203.2(a). ↑
Cal. Penal Code § 1203.2. See also Bearden v. Georgia, 461 U.S. 660. ↑
Cal. Penal Code § 1203.2. See also, People v. Self, 233 Cal. App. 3d 212 (“Probation shall not be revoked for failure of a person to make restitution . . . as a condition of probation unless the court determines that the defendant has willfully failed to pay and has the ability to pay. Restitution shall be consistent with a person’s ability to pay.”). ↑
Cal. Penal Code §§ 1203.2(g); 3450(b)(8)(A) (allowing short-term “flash incarceration” for people supervised on parole and PRCS). ↑
Cal. Penal Code § 1268 et. seq. ↑
For example, you can find Riverside County’s bail schedule at: http://www.riverside.courts.ca.gov/bailschedule.pdf . In Riverside County, the standard bail amount for a violation of informal probation is $5,000, and $50,000 for a violation of formal probation. ↑
Cal. Penal Code § 1203.2(a). ↑
Cal. Penal Code § 1203.2(b). ↑
Cal. Penal Code § 1203.2 (b)(1). ↑
Cal. Penal Code § 1203.2(b)(1) and (f). ↑
Cal. Penal Code § 1203.2. ↑
People v. Rodriguez, 51 Cal.3d 437, 441 (1990). (“Considerations of both law and policy dictate that the facts in a probation revocation hearing be provable by a preponderance of the evidence. First, constitutional principles permit the revocation of probation when the facts supporting it are proven by a preponderance of the evidence. While no constitutional provision declares a standard of proof for probation revocation hearings, the United States Supreme Court has indicated that due process requires no stricter standard of proof in probation revocation hearings than a preponderance of the evidence.”) ↑
People v. Rodriguez, 51 Cal.3d 437, 441 (1990). ↑
Cal. Penal Code § 1203.2 (b)(2). ↑
Cal. Penal Code § 1203.2 (b)(2). ↑
Cal. Penal Code § 1203.2 (b)(2). ↑
People v. Vickers, 8 Cal. 3d 451, 461 (“[T]he efficient administration of justice requires that the defendant be assisted by retained or appointed counsel at all revocation proceedings other than at summary proceedings had while the probationer remains at liberty after absconding.”). See also, Gagnon v. Scarpelli, 411 U.S. 778. ↑
Pursuant to Cal. Penal Code § 1203.2(b)(2) ↑
Cal. Penal Code § 1203.2(b)(2). ↑
In Morrissey v. Brewer, the U.S. Supreme Court established minimal due process requirements for parole revocation proceedings under the Fourteenth Amendment to the U.S. Constitution. 408 U.S. 471, 488-89 (1972). With regard to the revocation of probation, the Court subsequently held that “a probationer, like a parolee, is entitled to a preliminary and a final revocation hearing, under the conditions specified in Morrissey.” Gagnon v. Scarpelli, 411 U.S. 778, 782 (1973). Thus, the State “must provide the same process [found in Morrissey ] when terminating a probationer from probation.” State v. Rogers, 144 Idaho 738, 742–43 (2007); State v. Scraggins, 153 Idaho 867, 871 (2012). While Morrissey and Gagnon holdings make clear that probationers do not retain the full constitutional protections afforded criminal defendants, a probationer has a protected liberty interest in continued probation, and is therefore entitled to due process before probation may be revoked. Morrissey and Gagnon set forth those minimum due process requirements. See State v. Scraggins, 153 Idaho 867, 871 (2012). Cases since Morrissey have reaffirmed those rights and described them more specifically. See People v. Vickers, 8 Cal. 3d 451 (1979) (“[T]he efficient administration of justice requires that the defendant be assisted by retained or appointed counsel at all revocation proceedings other than at summary proceedings had while the probationer remains at liberty after absconding.”); see also, Gagnon V. Scarpelli, 411 U.S. 778 (1973). ↑
See Gagnon V. Scarpelli 411 U.S. 778 (1973). ↑
Morrissey v. Brewer, 408 U.S. 471, 488-89 (1972); Vanes v. U.S. Parole Commission, 741 F.2d 1197 (9th Cir. 1984) (due process violated by lack of notice of basis for parole violation charge); Rizzo v. Armstrong, 921 F.2d 855, 858 (9th Cir. 1990) (failure to give notice of consequences if parole revoked at hearing). ↑
Morrissey v. Brewer, 408 U.S. 471, 488-89 (1972); People v. Moore, 34 Cal.3d 215 (1983) (state has duty to preserve and disclose material physical evidence). ↑
Morrissey v. Brewer, 408 U.S. 471, 485 (1972); People v. Woodall, 216 Cal. App. 4th 1221 (2013) (probation revocation procedures that fail to provide probable cause hearing do not violate due process rights if full hearing occurs relatively soon or if preliminary hearing on any new criminal charges is conducted). ↑
Morrissey v. Brewer, 408 U.S. 471, 488-489 (1972). ↑
In re Carroll, 80 Cal. App. 3d 22, 34 (1978). ↑
Cal. Gov’t Code § 11185(a). ↑
Morrissey v. Brewer, 408 U.S. 471, 488-89 (1972); Valdivia v Schwarzenegger, 599 F.3d 984, 989 (9th Cir. 2010). ↑
See Gagnon V. Scarpelli 411 U.S. 778 (1973). ↑
You keep this right to cross-examine a witness unless: a.) the hearing officer (i.e. the judge) determines that there is “good cause” that the witness does not have to testify, and b.) that the “good cause” outweighs (exceeds) your right to confront that particular witness. If the hearing officer determines that there is “good cause” that a witness does not have to testify, then the hearing officer may take into consideration that witness’s past out-of-court statements, even though the witness will not be in court you to confront. For example, if a judge determines that there is “good cause” that a witness’s safety will be in danger if he or she testifies at your probation revocation hearing, then the witness’s past statements are admissible at your hearing. But remember—the more important the witness’s testimony is to the case, the stronger your right to confront and question that witness is (see U.S. v. Comito, 177 F.3d 1166 (9th Cir. 1999); Valdivia v Schwarzenegger, 599 F.3d 984, 989 (9th Cir. 2010); People v. Arreola, 7 Cal.4th 1144, 1154 (1994). See also Gagnon V. Scarpelli 411 U.S. 778 (1973) (“[T]he minimum requirements of due process include . . . “the right to cross-examine adverse witnesses . . . unless the hearing officer specifically finds good cause for not allowing confrontation.”). ↑
Morrissey v. Brewer, 408 U.S. 471, 488-89 (1972) . ↑
See People v. Hawkins, 44 Cal. App. 3d 958 (1975); see also, Morrissey v. Brewer, 408 U.S. 471, 488-89 (1972). ↑
In re La Croix (1974) 12 Cal.3d 146, 153. ↑
See U.S. v. Vandemark, 522 F.2d 1019, 1020 (“This accords with the almost unanimous view that the exclusionary rile does not usually apply in probation revocation settings.”). See also, People v. Harrison, 199 Cal. App. 3d 803, 808 (1988).(“We believe that federal [and state] law does [sic] not require application of the exclusionary rule to probation revocation hearings”). ↑
Pennsylvania Board of Probation & Parole v. Scott, 524 U.S. 357 (1998) (exclusion of evidence at parole hearing would hinder functioning of parole system); In re Martinez, 1 Cal.3d 641, 649-652 (1970), disapproved on other grounds in In re Tyrell J., 8 Cal.4th 68 (1994); In re Love, 11 Cal.3d 179, 190 (1974); see also, People v. Rackling, 195 C.A. 4th 872, 874 (2011) (finding that the Miranda exclusionary rule does not apply in probation revocation proceedings). ↑
The hearing officer may exempt a confidential informant from “confrontation and cross-examination.” Morrissey, 408 U.S. 471, 487 (1972) (stating that, “[h]owever, if the hearing officer determines that an informant would be subjected to risk of harm if his identity were disclosed, he need not be subjected to confrontation and cross-examination”). ↑
See United States v. Comito (9th Cir. 1999) 177 F.3d 1166; In re Melendez (1974) 37 Cal. App. 3d 967, 973; In re Prewitt (1972) 8 Cal.3d 470, 477-78. But see People v. Stanphill (2009) 170 Cal. App. 4th 61 (no need for balancing test where statement meets hearsay exception as “spontaneous statement”). ↑
See In re Prewitt, 8 Cal.3d 470, 478 (1972); In re Love, 11 Cal.3d 179 (1974) (due process violation in failure to disclose contents of “confidential” report where disclosure would not endanger any informant). ↑
To decide whether the witness’s testimony would be “material,” the court will weight the importance of the witness’s expected testimony against the availability and reliability of any alternative source of the same information. Also, if the state’s material witnesses fail to appear, but your witnesses are present, you and your attorney may want to ask that the court to take the testimony of your witnesses before postponing the rest of the hearing.See Cal. Penal Code § 1050(e). ↑
Cal. Penal Code § 1203.2 (c). ↑
Cal. Penal Code § 1203.2 (d). The statute reads: “In any case of revocation and termination of probation, including, but not limited to, cases in which the judgment has been pronounced and the execution thereof has been suspended, upon the revocation and termination, the court may, in lieu of any other sentence, commit the person to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities if he or she is otherwise eligible for such commitment.” Cal. Penal Code § 1203.2 (d). ↑
Cal. Penal Code § 1203.1(j). ↑
If you plead guilty and have ISS, then whether or not your sentence will be imposed in front of the same judge who accepted your guilty plea depends on whether or not you signed an Arbuckle waiver. An Arbuckle waiver occurs when a defendant waives his right to be sentenced by the same judge who presided over his/her trial/accepted the change of plea. Without an Arbuckle waiver, any sentencing imposed by another judge is unlawful. ↑
Cal. Gov’t Code § 11135(a). ↑
U.S. Const. amend. 14; Cal. Const. art. 7; see also Cal. Penal Code § 1203.2; People v. Vickers, 8 Cal. 3d 451 (1972). ↑
See 42 U.S.C. § 12101 et seq. Fore more information about reasonable accommodations, and about the rights of disabled persons who are on parole or probation, please see: Prison Law Office Parolee Handbook (Aug. 2013), 43. ↑
Prison Law Office Parolee Handbook (Aug. 2013), 43 ↑
See Armstrong Remedial Plan (Jan. 3, 2001), § IV.S; Clark Remedial Plan (Mar. 1, 2002), § VIII. ↑
See Cal. Rules of Court, Rule 1.100(b). See also, Cal. Civ. Code § 51 et seq. ↑
28 C.F.R. § 35.106. ↑
28 C.F.R. § 35.106. ↑
Telephone conversation with Tony Crear, Alameda County Probation Department ↑
Cal. Penal Code § 1237(b). ↑
Cal. Rules of Court, rule 8.308. ↑
Cal. Penal Code §§ 11180, 11181. ↑
An Interstate Commission has developed rules for transfer eligibility and supervision. The Interstate Commission’s rules have the same effect as statutory law and are mandatory in the states that adopted them. All state officials and state courts must carry out the terms of the Compact and comply with these rules. To the extent that state statutes, rules, or policies conflict with the terms of the Compact or rules created by the Commission to carry out the Compact, then such statutes, rules, or policies are superseded by the Commission’s rules to the extent of any conflict. More Information on the Compact and rules made by the Interstate Commission for Adult Supervision and California State Council can be found at www.interstatecompact.org . ↑
Rules Adopted by the Interstate Commission for Adult Supervision (hereinafter ICAOS), Rules 3.101 and 3.105 ↑
ICAOS Rule 3.104. ↑
ICAOS Rule 3.1046. ↑
ICAOS Rule 3.101. ↑
Cal. Penal Code § 11177.2. ↑
ICAOS Rule 3.101-2. ↑
ICAOS Rule 3.101. ↑
See DOM § 81060.1 et seq. for details on CDCR’s procedure for handling applications from parolees for out-of-state transfers. See ICAOS Rules 102-3.109. ↑
ICAOS Rule 3.101-2. ↑
For additional rules applying to interstate transfer of yur parole, PRCS, mandatory supervision, or county probation as a sex offender, see ICAOS Rule 3.101-3. ↑
A defendant may receive a sentence of probation unless he or she is convicted of a Class A or B felony; probation is prohibited by statute of conviction; or the defendant is sentenced at the same time to imprisonment. 18 U.S.C. § 3561(a). A court’s authority to impose probation is based solely on statute. See Affronti v. U.S., 350 U.S. 79, 83 (1955). The authorized length of probation is between one and five years for a felony; not more than five years for a misdemeanor; and not more than one year for an infraction. 18 U.S.C. § 3561(c). ↑
18 U.S.C. § 3563(b)(15). Ever since 1984 (the time when the “Sentencing Reform Act” went into effect), federal criminal courts; see also United States Sentencing Commission, Guidelines Manual, http://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2012/manual-pdf/Chapter_7.pdf . ↑
See United States Probation Office, Central District of California, Frequently Asked Questions, http://www.cacp.U.S.C.ourts.gov/faq . ↑
18 U.S.C. § 3564(d). ↑
Telephone call with Duty Officer at the San Francisco United States Probation Office on March 19, 2015. ↑
JPMorgan Chase Bureau of Prisons Debit Card Fees Settlement, Top Class Actions (Dec. 27, 2016), https://topclassactions.com/lawsuit-settlements/consumer-products/360589-jpmorgan-chase-bureau-prisons-debit-card-fees-settlement/ . ↑
There are three types of crimes in the federal criminal justice system: Felonies, Misdemeanors, and Infractions. Felonies are offenses for which a term of imprisonment of more than one year is possible. Misdemeanors are offenses for which a term of imprisonment no greater than one year may be imposed. Finally, Infractions are offenses for which the term of imprisonment may be no longer than five days. See 18 U.S.C. § 3559. ↑
18 U.S.C. § 3561(c)(1)(3). The United States Sentencing Guidelines provide a recommendation to sentencing judges based on a number of factors, including the seriousness of the instant offense and the defendant’s prior criminal record. Ultimately, this recommendation is reflected in a Guideline Sentencing Range sitting at the intersection of the applicable Offense Level and Criminal History Category. See United States Sentencing Guidelines 2014 Sentencing Table, http://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2014/2014sentencing_table.pdf ; U.S.S.G. § 1B1.1 General Application Principles, http://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2014/GLMFull.pdf . The Sentencing Guidelines recommend that probation be imposed for at least one year, but no longer than five years, if the Guideline Offense Level is 6 or greater. When the Guideline Offense Level is less than 6, the Guidelines recommend probation be imposed for no greater than three years. See U.S.S.G. § 5B1.2(a), Term of Probation, http://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2013/manual-pdf/2013_Guidelines_Manual_Full.pdf . ↑
18 U.S.C. § 3564(c). ↑
See Federal Defenders of New York, Supervised Release, http://federaldefendersny.org/information-for-client-and-families/supervised-release.html . ↑
18 U.S.C. § 3564(c). ↑
In 2011, the Sentencing Commission issued a policy statement informing judges that they may let former narcotics abusers from supervised release early, if that person has successfully completed a treatment program. See United States Sentencing Commission, 2013 Guidelines Manual, http://www.ussc.gov/guidelines-manual/2013/2013-5d12 . See 18 U.S.C. § 3583(e)(1)-(2). ↑
See 18 U.S.C. § 3553(a)(1)-(7). ↑
18 U.S.C. § 3564(d). ↑
Reentry Council, Getting Out Staying Out: A Guide to San Francisco Resources for People Leaving Jails and Prisons, 30, http://sfreentry.com/wp-content/uploads/2013/07/1213-2nd-printing-GOSO.pdf . ↑
18 U.S.C. §§ 3563, 3583. ↑
This is because the Judge also reads all of the conditions to you at your sentencing hearing. ↑
See 18 U.S.C. § 3563(b)(15) (permitting the Court to order a defendant to report to a probation officer as directed by probation) ↑
See Federal Judicial Center, Who Does What?, http://www.fjc.gov/federal/courts.nsf/autoframe!openform&nav=menu1&page=/federal/courts.nsf/page/360 . ↑
18 U.S.C. § 3563. ↑
See 18 U.S.C. § 3553(a) (listing the sentencing factors Judges must consider when imposing sentence). ↑
18 U.S.C. §§ 3563(b); 3583(d), 3583. ↑
18 U.S.C. § 3563(b)(10). ↑
18 U.S.C. §§ 3563, 3583. ↑
18 U.S.C. § 3563. For people on supervised release, DNA samples are usually taken prior to your release (especially if you were convicted of murder, voluntary manslaughter, enslavement, kidnapping, robbery, burglary incest, or arson). But if your DNA sample was not taken prior to your release, some Districts contract with companies who will take your DNA sample after your release. See United States Courts, Judiciary Begins Sample Collection for DNA Testing, http://www.U.S.C.ourts.gov/News/TheThirdBranch/02-02-01/Judiciary_Begins_Sample_Collection_for_DNA_Testing.aspx . ↑
18 U.S.C. § 3563. ↑
18 U.S.C. § 3563(b)(2) (You must make restitution to a victim of the offense under section 3556 (but not subject to the limitation of section 3663(a) or 3663A(c)(1)(A))). ↑
18 U.S.C. § 3563(b)(12). ↑
18 U.S.C. § 3563(a)(2). ↑
42 U.S.C. § 16911, et seq. ↑
18 U.S.C. § 2250. ↑
18 U.S.C. § 3583(d). ↑
See 18 U.S.C. § 3583; U.S.S.G. § 5D1.3(b)–(d) (standard conditions” are set forth in U.S.S.G. § 5D1.3(c)). ↑
See 18 U.S.C. § 3563(b) (referring to 18 U.S.C. §§ 3553(a)(1), (a)(2)). ↑
See 18 U.S.C. § 3563(b) (referring to 18 U.S.C. § 3553(a)(2)). ↑
18 U.S.C. §§ 3563, 3583; see also Fed. R. Crim. Pro. 32.1 (describing the procedures required for the probation officer to petition the Court for a modification or revocation of probation or supervised release, and for the Court in adjudicating a potential revocation or modification). The Court can also modify or revoke your Federal Probation or Supervised Release after the official end of the term (i.e., a specific number of years after your release from custody) so long as the violation and Probation Officer’s Petition to Modify or Revoke was filed with the Court before the official end of the term of supervision. This means that the Probation Office can obtain an arrest warrant years after an event occurred. ↑
18 U.S.C. § 3563(c); see also Fed. R. Crim. Pro. 32.1. ↑
18 U.S.C. § 3583(d). ↑
See, e.g., U.S. v. Bender, 566 F.3d 78 (8th Cir. 2009); U.S. v. Perazza-Mercado, 553 F.3d 65 (1st Cir. 2009); U.S. v. Pruden, 398 F.3d 241, 249 (3d Cir. 2005). ↑
U.S. v. Weber, 451 F.3d 553 (9th Cir. 2006) (“We have long held that a term of supervised release is part of a defendant’s sentence . . . and, like imprisonment, restricts a defendant’s liberty and fundamental rights . . .. As a result, when the government seeks to restrict a defendant’s liberty through a term of supervised release, it shoulders the burden of proving that a particular condition of supervised release involves no greater deprivation of liberty than is reasonably necessary to serve the goals of supervised release.”). ↑
Fed. R. App. Pro. 4(b)(1)(A). ↑
To read more about federal probation and supervised release violations and revocation, and the legal distinctions between the two of them and the codes that govern them, see Administrative Office of the United States Court, Revocation of Probation and Supervised Release, http://www.fd.org/docs/select-topics---probation/revocation-of-prob-and-sup-release.pdf . ↑
The Search Condition might read something like “The defendant is prohibited from possessing controlled substances. To ensure that the defendant is in compliance, the defendant will submit to search of his person, home, or vehicle at any time of the day or night by any law enforcement or probation officer without cause.” This means your friends may get searched if at your home (or vice versa). If either of you have any contraband, there is a good chance both of you will be getting in trouble. ↑
Phone Call with Amy Rizor, Supervisory Probation Officer, U.S. Probation (Oakland, CA office). ↑
Phone Call with Amy Rizor, Supervisory Probation Officer, U.S. Probation, N.D. Cal. (Oakland office). ↑
Phone Call with Amy Rizor, Supervisory Probation Officer, U.S. Probation, N.D. Cal. (Oakland office). ↑
United States Sentencing Commission, “Federal Offenders Sentenced to Supervised Release,” July 2010 10, p. 1. http://www.ussc.gov/sites/default/files/pdf/training/annual-national-training-seminar/2012/2_Federal_Offenders_Sentenced_to_Supervised_Release.pdf . ↑
18 U.S.C. § 3583. ↑
See Unites States Sentencing Commission, Sentencing Guidelines, p. 477, http://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2012/manual-pdf/Chapter_7.pdf . ↑
See, e.g., 21 U.S.C. § 841(b)(1)(A) (mandating a lifetime term of supervised release for those convicted of certain drug offenses). ↑
See United States Probation Office for the Central district of California, Frequently Asked Questions, http://www.cacp.U.S.C.ourts.gov/faq . ↑
18 U.S.C. § 3564(d). ↑
See Federal Judicial Center, Who Does What?, http://www.fjc.gov/federal/courts.nsf/autoframe!openform&nav=menu1&page=/federal/courts.nsf/page/360 . ↑
See 18 U.S.C. § 3583(c). The types of “classes” of crimes can be found in 18 U.S.C. § 3559. ↑
18 U.S.C. § 3683(e)(1). ↑
See Federal Defenders of New York, Supervised Release, http/::federaldefendersny.org:information-for-client-and-families:supervised-release.html . ↑
18 U.S.C. § 3683(e)(1). ↑
In 2011, the Sentencing Commission issued a policy statement informing judges that they may let former narcotics abusers from supervised release early, if that person has successfully completed a treatment program. See United States Sentencing Commission, 2013 Guidelines Manual, http://www.ussc.gov/guidelines-manual/2013/2013-5d12. See also 18 U.S.C. § 3583(e)(1)-(2). ↑
18 U.S.C. § 3553(a)(1)-(7). ↑
Reentry Council, Getting Out Staying Out, http://sfreentry.com/wp-content/uploads/2013/07/1213-2nd-printing-GOSO.pdf . ↑
18 U.S.C. § 3583. ↑
18 U.S.C. §§ 3563; 3583. ↑
This is because the Judge also reads all of the conditions to you at your sentencing hearing. ↑
See 18 U.S.C. § 3563(b)(15) (permitting the Court to order a defendant to report to a probation officer as directed by probation) ↑
See Federal Judicial Center, Who Does What?, http://www.fjc.gov/federal/courts.nsf/autoframe!openform&nav=menu1&page=/federal/courts.nsf/page/360 . ↑
See 18 U.S.C. §§ 3563, 3583. ↑
18 U.S.C. §§ 3563; 3583. ↑
18 U.S.C. § 3563. DNA samples are usually taken prior to your release (especially if you were convicted of murder, voluntary manslaughter, enslavement, kidnapping, robbery, burglary incest, or arson). But if your DNA sample was not taken prior to your release, some Districts contract with companies who will take your DNA sample after your release. See United States Courts, Judiciary Begins Sample Collection for DNA Testing,
http://www.U.S.C.ourts.gov/
News/TheThirdBranch/02-02-01/Judiciary_Begins_Sample_Collection_for_DNA_Testing.aspx
.
↑
18 U.S.C. § 3563. ↑
18 U.S.C. § 3563(b)(2) (2008) (You must make restitution to a victim of the offense under section 3556 (but not subject to the limitation of section 3663(a) or 3663A(c)(1)(A))). ↑
18 U.S.C. § 3563(b)(12) (2008). ↑
18 U.S.C. § 3563(a)(2) (2008). ↑
42 U.S.C. § 16911, et seq. ↑
18 U.S.C. § 2250. ↑
This applies to domestic violence crimes listed in 18 U.S.C. § 3561(b). ↑
See 18 U.S.C. § 3583 et seq. ↑
United States Sentencing Commission, U.S.S.G. § 5D1.3. ↑
See 18 U.S.C. § 3563(b) (referring to 18 U.S.C. §§ 3553(a)(1), (a)(2)). ↑
See 18 U.S.C. § 3563(b) (referring to 18 U.S.C. § 3553(a)(2)). ↑
U.S. v. Weber, 451 F.3d 553 (9th Cir. 2006) (“We have long held that a term of supervised release is part of a defendant’s sentence . . . and, like imprisonment, restricts a defendant’s liberty and fundamental rights . . .. As a result, when the government seeks to restrict a defendant’s liberty through a term of supervised release, it shoulders the burden of proving that a particular condition of supervised release involves no greater deprivation of liberty than is reasonably necessary to serve the goals of supervised release.”). ↑
See 18 U.S.C. § 3583; U.S.S.G. § 5D1.3(b)-(d) (Standard conditions” are set forth in U.S.S.G. § 5D1.3(c)). ↑
18 U.S.C. § 3563(b). ↑
18 U.S.C. §§ 3563, 3583; see also Fed. R. Crim. Pro. 32.1 (describing the procedures required for the probation officer to petition the Court for a modification or revocation of probation or supervised release, and for the Court in adjudicating a potential revocation or modification). The Court can also modify or revoke your Federal Probation or Supervised Release after the official end of the term (i.e., a specific number of years after your release from custody) so long as the violation and Probation Officer’s Petition to Modify or Revoke was filed with the Court before the official end of the term of supervision. This means that the Probation Office can obtain an arrest warrant years after an event occurred. ↑
Telephone call with David Wasserman, Deputy Federal Public Defender, Federal Public Defender for the Central District of California, ↑
See, e.g., U.S. v. Begay, 631 F.3d 1168 (10th Cir. 2011); U.S. v. Emerson, 231 F.3d. 349 (5th Cir. 2007). ↑
See also Defender Services Office, The Fine Print: Strategies for Avoiding Restrictive Conditions of Supervised Release, http://www.fd.org/docs/select-topics---common-offenses/fine_print.pdf . ↑
Fed. R. App. Pro. 4(b)(1)(A). ↑
See 18 U.S.C. §§ 3553(a)(1), 3553(a)(2)(B) - (D). ↑
18 U.S.C. § 3583(d). ↑
See, e.g., U.S. v. Bender, 566 F.3d 78 (8th Cir. 2009); U.S. v. Perazza-Mercado, 553 F.3d 65 (1st Cir. 2009); U.S. v. Pruden, 398 F.3d 241, 249 (3d Cir. 2005). ↑
U.S. v. Weber, 451 F.3d 553 (9th Cir. 2006) (“We have long held that a term of supervised release is part of a defendant’s sentence . . . and, like imprisonment, restricts a defendant’s liberty and fundamental rights . . .. As a result, when the government seeks to restrict a defendant’s liberty through a term of supervised release, it shoulders the burden of proving that a particular condition of supervised release involves no greater deprivation of liberty than is reasonably necessary to serve the goals of supervised release.”) ↑
To read more about federal probation and supervised release violations and revocation, and the legal distinctions between the two of them and the codes that govern them, see Administrative Office of the United States Court, Revocation of Probation and Supervised Release, http://www.fd.org/docs/select-topics---probation/revocation-of-prob-and-sup-release.pdf . ↑
18 U.S.C. § 3565 (a). ↑
18 U.S.C. § 3565 (a)(2). ↑
See Federal Defenders of San Diego, Violations of Probation or Supervised Release, http://www.fdsdi.com/pdf/Client_Violations.pdf . ↑
See Federal Judicial Council, Who Does What?, http://www.fjc.gov/federal/courts.nsf/autoframe!openform&nav=menu1&page=/federal/courts.nsf/page/360 . ↑
18 U.S.C. § 3565 (a). ↑
18 U.S.C. § 3583(e)(3). ↑
U.S. Sentencing Commission, Sentencing Guidelines, http://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2012/manual-pdf/Chapter_7.pdf . ↑
The definition for firearm in 18 U.S.C § 921. ↑
18 U.S.C. § 3563(a)(4). ↑
18 U.S.C. §§ 3565(b), 3583 (g) ↑
See Federal Defenders of San Diego, Violations of Probation or Supervised Release, http://www.fdsdi.com/pdf/Client_Violations.pdf . ↑
18 U.S.C. § 3565 (a). ↑
See Federal Defenders of San Diego, Violations of Probation or Supervised Release, http://www.fdsdi.com/pdf/Client_Violations.pdf . ↑
See Fed. Rules Crim. P. § 32.1. ↑
An Identity Hearing usually consists of a law enforcement officer testifying about what information they received from the charging district in order to determine that you were the person who was named in the arrest warrant. Arrival of Process is usually satisfied by an email copy of the certified petition. ↑
See Fed. R. Crim. P. § 32.1(a)(1). ↑
For example, if you are in custody doing time on a state charge, and that state charge serves as the violation of your SR, the PO can wait until your state sentence is over before brining you to have your PC hearing even though the PO may have filed the violation petition and the warrant issued at the start of the client’s sentence in state prison. A state defendant could be serving a 15-year state sentence such that his 5-year term of SR would have expired by the time he is done with his state time. However, so long as the petition was filed within the supervised release period, then there is an argument to be made that he can still be sent to prison on a federal violation. Perhaps most judges would not do this, but it is a possibility. ↑
See Fed. R. Crim. P. § 32.1(a)(1); http://www.ussc.gov/sites/default/files/pdf/training/online-learning-center/supporting-materials/Revocation-of-Probation-and-Supervised-Released.pdf , p. 3. ↑
See Fed. R. Crim. P. 32.1(a)(1); http://www.ussc.gov/sites/default/files/pdf/training/online-learning-center/supporting-materials/Revocation-of-Probation-and-Supervised-Released.pdf , Page 3. ↑
Fed. R. Crim. P. 32.1(a)(2). ↑
Fed. R. Crim. P. 32.1(a)(2) ↑
Fed. R. Crim. P. 32.1(b)(1)(B). ↑
Fed. R. Crim. P. 32.1(b)(2)(A). ↑
See U.S. v. Pelensky, 129 F.3d 63 (2d Cir. 1997); U.S. v. LeBlanc, 175 F.3d 511 (7th Cir. 1999); U.S. v. Stocks, 104 F.3d 308 (9th Cir. 1997). ↑
Fed. R. Crim. P. 32.1. ↑
18 U.S.C. § 3583(e)(3) (outlining maximum terms of imprisonment available upon Supervised Release). ↑
18 U.S.C. § 3583(h) (explaining that the length of any term of supervised release imposed upon revocation shall not exceed the term of supervised release authorized by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment that was imposed upon revocation of supervised release); see also U.S. v. Knight, 580 F.3d 933 (9th Cir. 2009). ↑
The United States Code and the Federal Rules of Criminal Procedure provide guidance for revocation of federal probation and Supervised Release. In addition, Chapter 7 of the U.S. Sentencing Guidelines addresses revocation of probation and supervised release. Every circuit has held that because the Sentencing Commission intended the policy statements of Chapter 7 to be recommendations, and not binding. But they must be considered. See United States Sentencing Commission, Revocation of Parole and Supervised Release, http://www.ussc.gov/sites/default/files/pdf/training/online-learning-center/supporting-materials/Revocation-of-Probation-and-Supervised-Released.pdf . ↑
See Office of Defender Services Training Branch, Revocation of Probation and Supervised Release, http://www.ussc.gov/sites/default/files/pdf/training/online-learning-center/supporting-materials/Revocation-of-Probation-and-Supervised-Released.pdf . ↑
See Office of Defender Services Training Branch, Revocation of Probation and Supervised Release, http://www.ussc.gov/sites/default/files/pdf/training/online-learning-center/supporting-materials/Revocation-of-Probation-and-Supervised-Released.pdf . ↑
See Office of Defender Services Training Branch, Revocation of Probation and Supervised Release, http://www.ussc.gov/sites/default/files/pdf/training/online-learning-center/supporting-materials/Revocation-of-Probation-and-Supervised-Released.pdf . ↑
See Office of Defender Services Training Branch, Revocation of Probation and Supervised Release, http://www.ussc.gov/sites/default/files/pdf/training/online-learning-center/supporting-materials/Revocation-of-Probation-and-Supervised-Released.pdf . ↑
See U.S. v. U.S. Gypsum Co., 333 U.S. 364, 395 (1948) (“A finding is ‘clearly erroneous’ when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.”). This standard is highly deferential, meaning most of the time the appeals court will agree with the district court. ↑
See Office of Defender Services Training Branch, Revocation of Probation and Supervised Release, http://www.ussc.gov/sites/default/files/pdf/training/online-learning-center/supporting-materials/Revocation-of-Probation-and-Supervised-Released.pdf . ↑
Federal parole in the United States was a system that existed prior to the Sentencing Reform Act of 1984. Parole of federal prisoners began after enactment of legislation on June 25, 1910.[1] Under parole, prisoners were eligible for release before their sentences were complete. Parole boards under the United States Parole Commission determined whether a prisoner should be released and whether or not a parolee who violated parole should be sent back to prison. The U.S. Parole Comm’n (USPC, or “Parole Commission”) was just reauthorized for 5 more years, effective beginning November 1, 2013. Despite the abolishment of federal parole in 1987, the USPC currently has jurisdiction over more than 17,800 individuals convicted of felonies under the D.C. Penal Code, and 3500 individuals convicted of the other kinds of eligible federal offenses discussed above. ↑
See United States Courts, Probation and Pretrial Services-Mission, http://www.U.S.C.ourts.gov/FederalCourts/ProbationPretrialServices/Mission.aspx . ↑
28 C.F.R. § 2.38; 8 U.S.C. §§ 3655; 4203(b)(4). ↑
28 C.F.R. § 2.28. ↑
28 C.F.R. § 2.33(a)(2). ↑
28 C.F.R. § 2.7. ↑
28 C.F.R. § 2.33. ↑
28 C.F.R. § 2.40(a)(2). ↑
28 C.F.R. § 2.33(b); see U.S. Parole Comm’n, Frequently Asked Questions, http://www.justice.gov/uspc/faqs.html#q29 . ↑
28 C.F.R. § 2.33(b). ↑
28 C.F.R. § 2.38. ↑
Unless you are released on a detainer. ↑
28 C.F.R. § 2.40(a)(1) (“Your certificate of release informs you of these conditions and special conditions that we have imposed for your supervision.”). ↑
See U.S. Parole Comm’n, Frequently Asked Questions, http://www.justice.gov/uspc/faqs.html . ↑
See 18 U.S.C. §§ 3655, 4203(b)(4). ↑
28 C.F.R. § 2.31. ↑
28 C.F.R. § 2.32. ↑
28 C.F.R. § 2.39. ↑
28 C.F.R. § 2.39. ↑
See U.S. Parole Comm’n, Frequently Asked Questions, http://www.justice.gov/uspc/faqs.html . ↑
28 C.F.R. § 2.35. ↑
See U.S. Parole Comm’n, Frequently Asked Questions, http://www.justice.gov/uspc/faqs.html . ↑
28 C.F.R. §§ 2.43(a)(1), 2.95(a)(1). ↑
28 C.F.R. §§ 2.43(d), 2.95(d). ↑
28 C.F.R. §§ 2.95(b), 2.43(b) (“In calculating the two-year and five-year period . . . , the Commission shall not include any period of parole before the most recent release, or any period served in confinement on any other sentence.”) See U.S. Parole Comm’n, Frequently Asked Questions, http://www.justice.gov/uspc/faqs.html . ↑
28 C.F.R. §§ 2.43, 2.95. See also U.S. Parole Comm’n, Frequently Asked Questions, http://www.justice.gov/uspc/faqs.html . ↑
The Parole Commission cannot terminate your federal parole supervision until it determines the disposition of a pending criminal charge. 28 C.F.R. §§ 2.43(g)(1)(i), 2.95(e)(1)(i). ↑
The Parole Commission cannot terminate your federal parole supervision until it determines the disposition of a pending criminal charge. 28 C.F.R. §§ 2.43(g)(1)(ii), 2.95(e)(1)(ii). ↑
28 C.F.R. §§ 2.43(h), 2.95(e)(3). ↑
28 C.F.R. § 2.43(e); see also 28 C.F.R. §§ 2.17; 2.26; 2.43. ↑
28 C.F.R. § 2.26. ↑
See 28 C.F.R. §§ 2.17; 2.27. ↑
Parole Form I-22, available at http://www.justice.gov/sites/default/files/uspc/legacy/2013/02/26/formi22.pdf . ↑
28 C.F.R. § 2.26.(f) ↑
28 C.F.R. § 2.26. ↑
See 28 C.F.R. § 2.40(a)(1) (“All persons on supervision must follow the conditions of release described in § 2.204(a)(3) through (6). These conditions are necessary to satisfy the purposes of release conditions stated in 18 U.S.C. 4209. Your certificate of release informs you of these conditions and other special conditions that we have imposed for your supervision.”); 28 C.F.R. 2.85(a)(1) (D.C. federal parole) (“General conditions of release and notice by certificate of release. All persons on supervision must follow the conditions of release described in § 2.204(a)(3) through (6). Your certificate of release informs you of these conditions and other special conditions that we have imposed for your supervision.”). ↑
28 C.F.R. § 2.204. ↑
28 C.F.R. § 2.204(5). ↑
28 C.F.R. § 2.204(6). ↑
See 28 C.F.R. § 2.41. ↑
28 C.F.R. § 2.41(a)(3). ↑
28 C.F.R. § 2.41(b) ↑
28 C.F.R. § 2.41(c). ↑
28 C.F.R. § 2.204. ↑
See 28 C.F.R. § 2.40. ↑
18 U.S.C. § 3563(b)(9); see also, 2011 Federal Sentencing Guidelines Manual § 5B1.3(e)(1). ↑
18 U.S.C. § 3563(b)(9). ↑
18 U.S.C. § 3563. ↑
28 C.F.R. §§ 2.40(d), 2.204(c)–(d). ↑
28 C.F.R. §§ 2.40(d), 2.204(c)–(d). ↑
28 C.F.R. §§ 2.40(d), 2.204(c)–(d). ↑
United States Department of Justice, U.S. Parole Comm’n—Frequently Asked Questions, http://www.justice.gov/uspc/faqs.html . ↑
28 C.F.R. § 2.44(a). ↑
28 C.F.R. § 2.44. ↑
28 C.F.R. § 2.46(a). ↑
28 C.F.R. § 2.46(d) ↑
28 C.F.R. § 2.48(g) ↑
28 C.F.R. § 2.48(c). ↑
28 C.F.R. § 2.48(a). ↑
28 C.F.R. § 2.48. ↑
28 C.F.R. § 2.48(b). ↑
28 C.F.R. § 2.48(b). ↑
28 C.F.R. § 2.48(b). ↑
18 U.S.C. 3006A(a)(1)(E). ↑
28 C.F.R. § 2.48 (b). ↑
28 C.F.R. §§ 2.48; 2.51. ↑
Disclosure of the evidence presented to the U.S. Parole Comm’n must be made pursuant to 28 C.F.R. § 2.50(d). See also 28 C.F.R. § 2.48(c). ↑
28 C.F.R. § 2.48. ↑
28 C.F.R. § 2.48(e)(2). ↑
28 C.F.R. § 2.48(f). ↑
28 C.F.R. § 2.48(b). ↑
18 U.S.C. § 3006A(a)(1)(E). ↑
28 C.F.R. § 2.48(b). ↑
28 C.F.R. § 2.49(e). ↑
United States Department of Justice, U.S. Parole Comm’n—Frequently Asked Questions, http://www.justice.gov/uspc/faqs.html . ↑
28 C.F.R. § 2.49. ↑
United States Department of Justice, U.S. Parole Comm’n—Frequently Asked Questions, http://www.justice.gov/uspc/faqs.html . ↑
28 C.F.R. § 2.55. ↑
See 28 C.F.R. § 2.218. ↑
28 C.F.R. § 2.204. ↑
28 C.F.R. § 2.52. ↑
28 C.F.R. § 2.52. ↑
United States Department of Justice, U.S. Parole Comm’n—Frequently Asked Questions, http://www.justice.gov/uspc/faqs.html . ↑
United States Department of Justice, U.S. Parole Comm’n—Frequently Asked Questions, http://www.justice.gov/uspc/faqs.html . ↑
28 C.F.R. § 2.26. ↑
28 C.F.R. §§ 2.26; 2.54. ↑
28 C.F.R. § 2.28. ↑
Codified at 29 U.S.C. § 794 (2014). The Rehabilitation Act also applies to any program or activity that receives federal funding or other assistance. Note, however that the ADA does NOT cover federal agencies or programs; it only applies to state and local programs. ↑
28 C.F.R § 39.130. ↑
Telephone conversation with Deputy Chief Noel Belton, U.S. Probation Office, Northern District of California, Nov. 5, 2014. Telephone conversation with Day Officer Nisha Modica and Supervision Supervisor Jeff Oestreicher, U.S. Probation Office, Eastern District of California, Nov. 5, 2014. If you know before sentencing that one (or more) of the recommended conditions of probation (described in the pre-sentence report) will cause problems due to your disability, you can ask the judge to change them at sentencing. ↑
See Colum. Hum. Rts. L. Rev., A Jailhouse Lawyer’s Manual: Rights of Prisoners with Disabilities (9th ed.), 2011. ↑
You can also file a new complaint (start a new case) to allege disability discrimination under Section 504. “Your Section 504 complaint must say that: (1) You are an individual with a disability; (2) You are “otherwise qualified” for the program, activity, or service from which you were excluded; (3) You were denied benefits or discriminated against solely because of your disability; and (4) The program, activity, prison, or jail receives federal financial assistance. . .. But your complaint should also include other information, both to make your situation clear and to get the judge to sympathize with the problems you face in prison. You should (1) discuss your disability in detail, (2) explain the accommodations you need, and (3) describe the discrimination you have experienced. You should also mention any other facts you think are relevant and will make your argument stronger.” Colum. Hum. Rts. L. Rev., A Jailhouse Lawyer’s Manual at 726. ↑
28 C.F.R. § 39.170. ↑
Parole Conditions, Cal. Dep’t of Corr. & Reh., http://www.cdcr.ca.gov/Parole/Parolee_Conditions/ . ↑
18 U.S.C. § 3583(b), (d). ↑
Cal. Penal Code § 3000(b); 15 Cal. Code Regs. § 2515(e); In re Wilson, 30 Cal.3d 438, 440-41 (1981) . ↑
Cal. Penal Code § 661.61. ↑
Cal. Penal Code § 661.61. ↑
Cal. Penal Code § 3000(b)(1); 15 Cal. Code Regs. § 2515(d). ↑
This provision also purports to apply to people sentenced to life with the possibility of parole under Cal. Penal Code § 209 [with intent to commit a sex offense] or § 667.51 committed on or after September 9, 2010. However, such offenses appear to be covered by the life-long parole provision in Cal. Penal Code § 3000.1. ↑
Cal. Penal Code § 667.61(e). ↑
Cal. Penal Code § 3000.1; 15 Cal. Code Regs. § 2515(f). ↑
Cal. Penal Code §§ 3000(b)(3) and 3000.1(a)(2). There is a discrepancy between the statutory language and the stated legislative intent to require life-long parole for “habitual sex offenders [and] persons convicted of kidnapping a child under 14 years of age with the intent to commit a specified sex offense.” Legis. Couns. Dig. Assem. Bill No. 1844, Ch. 219. Thus, there is potentially an argument that prisoners convicted under § 209(b) should be subject to only a 10-year parole term if the victim is over 14 years old. ↑
Cal. Penal Code § 667.61(e). ↑
Cal. Penal Code §§ 3000, 3000.1, 3001. ↑
15 Cal. Code Regs. § 2535(b)(5). ↑
In re Sanders, 20 Cal. 4th 1083 (1999) ; In re Clark, 5 Cal.4th 750 (1993) ; In re Swain, 34 Cal.2d 300 (1949); In re Moss 175 Cal. App. 3d 913 (1985). ↑
If you are no longer suffering from the condition that you are filing a habeas appeal about, then your case is said to be “moot” (meaning not currently at issue; not currently debatable/arguable). There are special circumstances where a court can hear a “moot” case (i.e. the issue you are appealing is one that is likely to come up frequently in other cases). See In re Gardia, 767 Cal. App. 4th 841 (1998). ↑
Griggs v. Superior Court, 16 Cal.3d 341 (1976). The petition can also be filed initially with the Court of Appeal or even the California Supreme Court, if there are special reasons why those courts should hear it at once. Cal. Const. art. VI, § 10. ↑
Cal. Rules of Court, rule 4.551(a)(3)(A). ↑
Cal. Rules of Court, rule 4.551(b). ↑
Cal. Rules of Court, rule 4.551(d). ↑
For additional rules, see ICAOS Rule 3.101-3. ↑
ICAOS Rule 3.101. ↑
ICAOS Rule 3.101-3(b). ↑
ICAOS Rule 3.101-3(c). ↑
Email conversation with Harry Hageman, Executive Director, Interstate Commission for Adult Supervision on Feb. 26, 2015. ↑
See Fresno County Adult Probation Department, Frequently Asked Questions, http://www.co.fresno.ca.us/DepartmentPage.aspx?id=12773 . ↑
Butte County Probation Department, Formal Adult Probation Caseloads, http://www.buttecounty.net/probation/AdultProbation/TypesofAdultSupervision.aspx . ↑
See City and County of San Francisco Adult Probation Department, On Probation, http://sfGov’torg/adultprobation/probation . ↑
See City and County of San Francisco Adult Probation Department, On Probation, http://sfGov’torg/adultprobation/probation . ↑
See L.A. Cnty. Prob. Dep’t, Just Released, http://probation.lacounty.gov/wps/portal/probation/!ut/p/b1/04_Sj9Q1MjA1tzS0NDcw04_Qj8pLLMtMTyzJzM9LzAHxo8zi3QwMDNz9nYKN_INdjA083dydnA39TQyNgo2ACiKRFRg4u1saeDqZuFt4mYUYOvuZE9Ifrh-FT0mwoTG6AixWgBUY4ACOBgSs8DLR9_PIz03Vz43KsfTMDEgHAB9RScE!/dl4/d5/L2dJQSEvUU . ↑
See L.A. Cnty. Prob. Dep’t, Just Released, http://probation.lacounty.gov/wps/portal/probation/!ut/p/b1/04_Sj9Q1MjA1tzS0NDcw04_Qj8pLLMtMTyzJzM9LzAHxo8zi3QwMDNz9nYKN_INdjA083dydnA39TQyNgo2ACiKRFRg4u1saeDqZuFt4mYUYOvuZE9Ifrh-FT0mwoTG6AixWgBUY4ACOBgSs8DLR9_PIz03Vz43KsfTMDEgHAB9RScE!/dl4/d5/L2dJQSEvUU . ↑
See Ventura County Probation Department, FAQs, http://public.venturaprobation.org/index.php/about-us/faqs?catid=1 . ↑
Cal. Rules of Court, Rule 3.1112. ↑
Cal. Rules of Court, Rule 3.1112. ↑
Cal. Rules of Court, Rule 3.1113. ↑
This law protects people with disabilities against discrimination and requires public entities to provide reasonable accommodations. The law applies to all public entities, including local courts and probation departments. http://www.ada.gov/pubs/adastatute08.pdf . ↑
Cal. Rules of Court, Rule 3.1112. ↑
Cal. Penal Code § 1203.3(b)(1). ↑
If you are requesting a change in your probation conditions due to a disability: During the hearing, you (or your attorney, if you have one) will explain to the judge why your disability makes it difficult for you to comply with your current conditions, what changes you need in your probation conditions, and if you need any other assistance from the probation department to successfully complete your probation. You can also ask the court to order the probation department to provide certain assistance or other accommodations. The prosecutor will also have a chance to speak, including a chance to oppose your request for modification. ↑
Cal. Penal Code § 1203.3(b)(1)(A). ↑
See L.A. Cnty. Prob. Dep’t, Just Released, http://probation.lacounty.gov/wps/portal/probation/!ut/p/b1/04_Sj9Q1MjA1tzS0NDcw04_Qj8pLLMtMTyzJzM9LzAHxo8zi3QwMDNz9nYKN_INdjA083dydnA39TQyNgo2ACiKRFRg4u1saeDqZuFt4mYUYOvuZE9Ifrh-FT0mwoTG6AixWgBUY4ACOBgSs8DLR9_PIz03Vz43KsfTMDEgHAB9RScE!/dl4/d5/L2dJQSEvUU . ↑
See Butte County Probation, AB 109, http://www.buttecounty.net/probation/AdultProbation/AB109.aspx . ↑
Telephone calls with the following county probation departments, Nov. 6, 2014:Tony Crear, Community Network Coordinator, Alameda Cnty. Probation Dept.Robin Nicole Livingston, AB 109 Probation Officer, Contra Costa Cnty. Probation Dept. Jim Metzen, Probation Consultant, Yolo Cnty. Probation Dept.Alan Seeber, Sacramento Cnty. Probation Dept.Whitnee Reynolds, Administrative Assistant / Training Coordinator, Chief Probation Officers of Cal. ↑
The ADA is available at http://www.ada.gov/pubs/adastatute08.pdf . ↑
Cal. Gov’t Code § 11135. ↑
Cal. Gov’t Code § 1203.3. ↑
Telephone call with Tony Crear, Alameda County. Probation Dept. ↑
See 18 U.S.C. § 3583; U.S.S.G. § 5D1.3(b)-(d) (Standard conditions” are set forth in U.S.S.G. § 5D1.3(c)). ↑
18 U.S.C. § 3563(b). ↑
18 U.S.C. § 3583(d); U.S.S.G. § 5F1.8. ↑
18 U.S.C. § 3563(b)(10) (known as “intermittent confinement”). See also U.S.S.G. § 5F1.8, which states that intermittent confinement may be imposed as a condition of probation during the first year of federal probation. See 18 U.S.C. § 3563(b)(10). It may be imposed as a condition of supervised release during the first year of supervised release, but only for a violation of a condition of supervised release in accordance with 18 U.S.C. § 3583(e)(2) and only when facilities are available. See 18 U.S.C. § 3583(d). ↑
18 U.S.C. § 3563(b). ↑
This is not true of Supervised Release. That is, you can be convicted of a crime, sentenced to a term of imprisonment, and be ordered to serve an additional period of time on house arrest as a condition of Supervised Release. ↑
18 U.S.C. § 3563(b)(19) (2008). This is because if you are sentenced to a term of incarceration, you cannot receive a sentence of probation. Rather, you would receive a term of supervised release following imprisonment as part of your sentence. ↑
18 U.S.C. § 3563(b). ↑
18 U.S.C. § 3583(d). ↑
See U.S.S.G. § 5D1.3(d); Jennifer Gilg, The Fine Print: Strategies for Avoiding Restrictive Conditions of Supervised Release, http://www.fd.org/docs/select-topics---common-offenses/fine_print.pdf . ↑
See U.S.S.G. § 5D1.3(d); Jennifer Gilg, The Fine Print: Strategies for Avoiding Restrictive Conditions of Supervised Release, http://www.fd.org/docs/select-topics---common-offenses/fine_print.pdf . ↑
See also Defender Services Office, The Fine Print: Strategies for Avoiding Restrictive Conditions of Supervised Release, http://www.fd.org/docs/select-topics---common-offenses/fine_print.pdf , pp. 3-6. ↑
See D. Richard Laws, Penile Plethysmography: Will We Ever Get It Right? in Sexual Deviance: Issues and Controversies 82, 85 (Tony Ward, D. Richard Laws & Stephen M. Hudson eds., Sage Publications, Inc. 2003). Penile Plethysmograph Testing (PPG) is a procedure that uses a gage to measure the change in a man’s penis size. Courts sometimes proscribe PPG. as a condition of sex offender treatment. See also Defender Services Office, The Fine Print: Strategies for Avoiding Restrictive Conditions of Supervised Release, http://www.fd.org/docs/select-topics---common-offenses/fine_print.pdf , pp. 3-6; ↑
See also Defender Services Office, The Fine Print: Strategies for Avoiding Restrictive Conditions of Supervised Release, http://www.fd.org/docs/select-topics---common-offenses/fine_print.pdf , pp. 3-6. ↑
In 2011, the Sentencing Commission issued a policy statement informing judges that they may let former narcotics abusers from supervised release early, if that person has successfully completed a treatment program. See United States Sentencing Commission, 2013 Guidelines Manual, http://www.ussc.gov/guidelines-manual/2013/2013-5d12 . See also 18 U.S.C. § 3583(e)(1)-(2). ↑
See 18 U.S.C. § 3553(a)(1)-(7). ↑
Courtesy of the Public Defender Service for the District of Columbia. ↑
See Federal Defenders of New York, Supervised Release, http://federaldefendersny.org/information-for-client-and-families/supervised-release.html . ↑
28 C.F.R. § 2.28. ↑
28 C.F.R. § 2.33(a). ↑
28 C.F.R. § 2.7. ↑
28 C.F.R. § 2.33. ↑
See 28 C.F.R. §§ 2.17; 2.27 ↑
Parole Form I-22, available at http://www.justice.gov/sites/default/files/uspc/legacy/2013/02/26/formi22.pdf . ↑
28 C.F.R. § 2.26. ↑
28 C.F.R. § 2.55. ↑
28 C.F.R. § 2.51. ↑
18 U.S.C. § 3006(a)(1)(E). ↑
28 C.F.R. § 2.50; see also 28 C.F.R. §§ 2.26; 2.27. ↑
28 C.F.R. § 2.66. ↑
See Cal. Dep’t of Corr. & Rehab., Parolee Information Handbook at 6. ↑
Nat’l Housing Law Project, Housing Access for Domestic Violence Survivors with Criminal Records, Sept. 7, 2011, http://nhlp.org/files/DV%20and%20Criminal%20Records%20Materials.pdf . ↑
Helping Families Save Their Homes Act of 2009, Pub. L. No.: 111-22, tit. VII, § 1003. ↑
Helping Families Save Their Homes Act of 2009, Pub. L. No. 111-22, tit. VII, § 1003. ↑
Violence Against Women Act of 2013, 42 U.S.C. § 41411(b) (2013); 24 C.F.R §§ 982.553(e), 5.2005(c), 5.2001 et seq. Under VAWA, a public or subsidized housing provider can only evict you based on the domestic violence you’ve experienced if it proves that your tenancy creates an “actual and imminent threat” to other residents or staff. VAWA’s protections apply to public housing, Section 8 vouchers and project-based assistance, Section 202, and Section 811 housing. ↑
NHLP, Housing Access for Domestic Violence Survivors with Criminal Records. ↑
Homeless Assistance Program Fact Sheet, Cnty. of LA Dep’t of Pub. Soc. Servs., http://www.ladpss.org/dpss/hcm/pdfs/factsheets/HA_Fact_Sheet.pdf . ↑
The California Victim Compensation Program, http://vcgcb.ca.gov/victims/ ↑
The California Victim Compensation Program, FAQ—Eligibility, http://www.vcgcb.ca.gov/victims/faq/eligibility.aspx#Not . The exceptions (for participation or involvement in the events leading to the crime, and cooperation with law enforcement) are especially important for survivors of domestic violence, since many survivors may have criminal records related to the violence they’ve experienced, or may be afraid to cooperate with law enforcement out of fear of further violence or to protect an abusive partner from conviction, incarceration, deportation, etc. ↑
Bay view Hunter Point Multipurpose Senior Services Inc., http://bhpmss.org/senior_ex-offender_program . ↑
See Dep’t of Veterans Affairs, Guidebook for California Incarcerated, http://www.va.gov/HOMELESS/docs/ Reentry/09_ca.pdf . ↑
See Dep’t of Veterans Affairs, Health Care for Homeless Veterans (HCHV) Program, http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3006 . ↑
See Supportive Services for Veteran Families Program, U.S. Dep’t of Veterans Affairs, http://www.va.gov/homeless/ssvf.asp. ↑
For information about the HUD-VASH program, see Section 8 Housing Choice Vouchers: Implementation of the HUD–VA Supportive Housing Program, 73 Fed. Reg. 25026 (May 6, 2008). ↑
Dep’t of Veterans Affairs, Guidebook for California Incarcerated Veterans (4th ed. 2009). ↑
Dep’t of Veterans Affairs, Guidebook for California Incarcerated Veterans (4th ed. 2009), http://www1.va.gov/HOMELESS/docs/Reentry/09_ca.pdf . ↑
Dep’t of Veterans Affairs, Guidebook for California Incarcerated Veterans (4th ed. 2009), http://www1.va.gov/HOMELESS/docs/Reentry/09_ca.pdf . ↑
Office of Offenders Services—Community and Reentry Services, Fact Sheet (Feb. 2014), http://www.cdcr.ca.gov/rehabilitation/docs/Factsheets/OS-CRS-Factsheet-SASCA-Feb2014.pdf ; Substance Abuse Services Coordination Agency (SASCA), Cal. Dep’t of Corr. & Rehab., http://www.cdcr.ca.gov/rehabilitation/substance-abuse-services-coordination-agencies.html . ↑
Americans with Disabilities Act, 42 U.S.C. §§ 126, 12112(b)(5)(A); 29 C.F.R. §§ 1630.9, 1630.10, 1630.15(b), (c). However, current illegal drug use is not considered a disability and does not provide any legal protection against discrimination. A landlord may deny or terminate your housing based on current drug use, even if you are also previously or currently addicted. ↑
Cal. Penal Code § 3003.5(b). This rule applied to any sex offender released on parole on or after November 8, 2006, even if the most recent term was for a non-sex offense or the parolee was initially released before November 8, 2006, and later re-released after a parole revocation. In re E.J., 47 Cal.4th 1258 (2010). However, the residency restrictions could not be applied to people who were both convicted and released from custody prior to November 8, 2006. Doe v. Schwarzenegger, 476 F. Supp. 2d 1178 (E.D. Cal. 2007). ↑
In re Taylor, 60 Cal.4th 1019, 1042 (2015). ↑
For example, parolees convicted of violating Penal Code Sections 288 or 288.5 cannot live within one half-mile (2,640 feet) of a K-12 school if they are deemed “high risk” by CDCR. Cal. Penal Code § 3003(g). Also, a sex offender parolee cannot live in a single family house with another person who is also a sex offender, unless they are related by blood, marriage, or adoption. Cal. Penal Code § 3003.5(a). ↑
24 C.F.R. 982.312. ↑
24 C.F.R. 982.312(b). ↑
24 C.F.R. 982.312(a). ↑
See Fair Housing Act, 42 U.S.C. § 3601 et seq.; Fair Employment & Housing Act, Cal. Gov’t Code § 12955 et seq.; Unruh Civil Rights Act, Cal. Civ. Code § 51. The Unruh Act is incorporated into FEHA for purposes of housing discrimination (Gov’t Code § 12955(d)), but it is best to bring separate claims under each law because the remedies are different. ↑
42 U.S.C. § 3604(f)(9) (Fair Housing Act does not protect “individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others”); Evans v. UDR, Inc., 644 F. Supp. 2d 675 (E.D.N.C. 2009) (holding that the Fair Housing Act (FHA) does not prohibit landlords from denying a disabled tenant’s rental application based on her criminal record; relaxation of landlord's “no criminal history” policy was not required as a reasonable accommodation for mentally disabled tenant, even where tenant’s disability was an underlying cause of her conviction). ↑
U.S. Dept. of Housing and Urban Dev., Office of General Counsel Guidance on Application of Fair Housing Act Standards to the use of Criminal Records by Providers of Housing and Real Estate-Related Transactions (April 4, 2016), https://portal.hud.gov/hudportal/documents/huddoc?id=HUD_OGCGuidAppFHAStandCR.pdf ↑
Id. at p. 6. ↑
See Fair Housing Act, 42 U.S.C. § 3601 et seq.; Fair Employment & Housing Act, Cal. Gov’t Code § 12955 et seq.; Unruh Civil Rights Act, Cal. Civ. Code § 51; Fortune Soc’y, Inc. v. Sandcastle Towers Housing Devel. Fund Corp., No. 1:14-cv-6410 (filed Oct. 30, 2014, E.D.N.Y.). The Unruh Act is incorporated into FEHA for purposes of housing discrimination. Cal. Gov’t Code § 12955(d), but it is best to bring separate claims under each law because the remedies are different. ↑
Ibid. ↑
Marina Point, Ltd. v. Wolfson, 30 Cal.3d 721 (1982) (holding that Unruh Civil Rights Act prohibits all “arbitrary” discrimination, regardless of protected class status; landlord’s blanket exclusion of an entire class of people (children) based on a generalized prediction that the class, “as a whole,” is more likely to commit misconduct than some other classes of public” violates the Act.); see also Regional Human Rights/Fair Housing Commission, Fair Housing Handbook, 18 (11th ed., 2012). ↑
See Tex. Dep't of Hous. & Cmty. Affairs v. Inclusive Cmtys. Project, Inc. (2015) 135 S. Ct. 2507. ↑
Cal. Gov’t Code § 12955.8(b) (violation of FEHA for practices having discriminatory effect; business necessity as defense); see also Cal. Apt. Assoc., Question & Answer Sheet: Criminal Background Checks at 3 (Jan. 2005), http://www.hiresafe.com/CA_TENNANT_background_screening_law.pdf ; Jayne Thompson, Can You Deny a Tenant for a Criminal Record in California?, SFGate.com, http://homeguides.sfgate.com/can-deny-tenant-criminal-record-california-93578.html ; cf. Regional Human Rights/Fair Housing Commission, Fair Housing Handbook at 18 (11th ed., 2012). ↑
Americans with Disabiltities Act, Questions and Answers, U.S. Dep’t of Justice, http://www.ada.gov/employmt.htm . ↑
Fair Housing Act, 42 U.S.C. 3604; see also Mental Health Advocacy Svcs., Inc., Fair Housing for People with Disabilities at 18-20 (Feb. 2007). ↑
See Know Your Rights: Housing and Arrests or Criminal Convictions, The Bronx Defenders (Oct. 2, 2010), http://www.bronxdefenders.org/housing-and-arrests-or-criminal-convictions/ . ↑
See Richmond City Council Adopts Fair Chance Housing Ordinance Press Release, Bay AreaLegal Aid (Dec. 21, 2016), https://baylegal.org/wp-content/uploads/2016/12/Press_Release_Fair-Chance-Housing-Ordinance.pdf ↑
See Special meeting of the Richmond Housing Authority, Richmond City Council (Dec. 20, 2016), http://www.ci.richmond.ca.us/ArchiveCenter/ViewFile/Item/7683. ↑
SF Human Rights Commission Fair Chance Ordinance, http://sf-hrc.org/fair-chance-ordinance. ↑
An Affordable Home on Re-entry: Federally Assisted Housing and Previously Incarcerated Individuals, NHLP (2008). ↑
This includes HUD-assisted housing, Rural Development (RD) project-based programs, and Low Income Housing Tax Credit (LIHTC) properties. ↑
42 U.S.C. § 1437n(f)(1); 24 C.F.R. §§ 882.518(a)(1)(ii) (Section 8 moderate rehabilitation), 960.204(a)(3) (public housing), 982.553(a)(1)(ii)(c) (Section 8 voucher). ↑
When applying for admission. If an owner, who is not required by statute to impose a lifetime ban, seeks to impose one, an applicant may object to the policy as contrary to congressional intent as it goes beyond the statutory limits. C.F.R. § 3560.154(j). If an owner rejects such an applicant, the applicant should challenge the lifetime ban and present information regarding mitigating circumstances or rehabilitation. Mitigating circumstances might include the fact that the applicant was on the premises but did not manufacture the drugs, or was involved in the manufacturing but was a victim of domestic violence. It may also include the fact that there has been a significant lapse of time between the offense and the application for admission with no other intervening criminal activity. ↑
42 U.S.C. § 13663(a); 24 C.F.R. §§ 5.100 (definition of federally assisted housing), 5.856 (federally assisted housing in general), 882.518(a)(2) (Section 8 moderate rehabilitation), 960.204(a)(4) (public housing), 982.553(a)(2)(I) (voucher) (2007); Screening and Eviction for Drug Abuse and Other Criminal Activity–Final Rule, H 2002-22 (Oct. 29, 2002), ¶ VI. ↑
See 7 C.F.R. § 3560.154(j) (2007) (RD housing). There are no regulations for LIHTC properties requiring the denial of admission of a registered sex offender. ↑
One could argue that the federal statute barring lifetime registered sex offenders preempts an expansion of that bar to other sex offenders. There are three general types of situations in which preemption may be established. One of the situations is that preemption may be in inferred where the scheme of the federal legislation is so comprehensive that it creates the inference that Congress “left no room” for local regulation in that area. Cal. Fed. Sav. & Loan Ass’n v. Guerra, 479 U.S. 272, 281 (1987). Applying that standard, the area in question is eligibility for federally assisted housing and Congress has fully defined eligibility for federally assisted housing. Imposing an absolute lifetime bar when none is required is determining eligibility in an area that Congress has not left any room for local regulation. Success on such a claim may be complicated as the party seeking preemption has the burden of proof and the presumption is against preemption. Cipollone v. Ligget Group, 505 U.S. 504, 518 (1992). ↑
Corinne A. Carey, No Second Chance: People with Criminal Records Denied Access to Public Housing, 36 U. Tol. Rev. 545, 579 (2005) (article also lists reasons why an individual might be on a lifetime registration list, including consensual relationship with partners who are a few years younger, indecent exposure or lewd displays often related to substance abuse, mental health diagnosis, homelessness, and women who are convicted of conspiracy to commit sexual abuse for failing to protect a child from such abuse); see also Housing Rights Watch, No Easy Answers: Sex Offender Laws In The US (2007). ↑
42 U.S.C. § 13661(a). ↑
4 C.F.R. §§ 5.852(d) (federally assisted housing), 960.203(c)(3)(ii), 966.4(1)(5)(vii)(E) (public housing). HUD apparently believes that the statute sets a floor of three years, and that PHAs and owners are not violating the statute if they expand the time period. The HUD explanation in the regulations is that “[s]ince the intent of the statute was to strengthen protections against admitting persons whose presence in assisted housing might be deleterious, HUD does not interpret this new provision as a constraint on the screening authority that owners and PHAs already had.” Screening and Eviction for Drug Abuse and Other Criminal Activity; Final Rule, 66 Fed. Reg. 28,776, 28,779 (May 24, 2001). ↑
4 C.F.R. §§ 5.850(a) (excludes rural development housing), 5.854(a) (federally assisted housing in general), 882.518(a)(1)(I) (Section 8 moderate rehabilitation), 960.204(a)(1) (public housing), 982.553(a)(1)(I) (voucher); Screening and Eviction for Drug Abuse and Other Criminal Activity–Final Rule, H 2002-22 (Oct. 29, 2002) ¶ VI (HUD Notice applicable to HUD-assisted project-based housing, excluding Section 8 moderate rehabilitation housing and project-based vouchers or certificates). The rule is also not applicable to housing assisted with S+C, SHP or HOPWA funding. ↑
4 C.F.R. §§ 5.850(a) (excludes rural development housing), 5.854(a) (federally assisted housing in general), 882.518(a)(1)(I) (Section 8 moderate rehabilitation), 960.204(a)(1) (public housing), 982.553(a)(1)(I) (voucher); Screening and Eviction for Drug Abuse and Other Criminal Activity–Final Rule, H 2002-22 (Oct. 29, 2002) ¶ VI (HUD Notice applicable to HUD-assisted project-based housing, excluding Section 8 moderate rehabilitation housing and project-based vouchers or certificates). The rule is also not applicable to housing assisted with S+C, SHP, or HOPWA funding. ↑
2 U.S.C. § 13661(a); 24 C.F.R. § 5.854(a)(2). The rehabilitation should not be limited to supervised rehabilitation programs but also ought to recognize self-help programs such as Alcoholics Anonymous. See, e.g., Rules & Regulations, Dep’t of Hous. & Urban Dev., 66 Fed. Reg. 28,776, 28,785 (May 24, 2001) (codified at 24 C.F.R. § 5.852(c)(1)). ↑
1842 U.S.C. § 13661(a); 24 C.F.R. § 5.854(a)(2). The rehabilitation should not be limited to supervised rehabilitation programs but also ought to recognize self-help programs such as Alcoholics Anonymous. See, e.g., Rules & Regulations, Dep’t of Hous. & Urban Dev., 66 Fed. Reg. 28,776, 28,785 (May 24, 2001) (codified at 24 C.F.R. § 5.852(c)(1)). ↑
Preemption may be in inferred where the scheme of the federal legislation is so comprehensive that it creates the inference that Congress “left no room” for local regulation in that area. Cal. Fed. Sav. & Loan Ass’n v. Guerra, 479 U.S. 272, 281 (1987). Applying that standard, Congress has fully defined eligibility for federally assisted housing. Imposing an absolute lifetime bar when none is required is determining eligibility in an area that Congress has not left any room for local regulation. Cipollone v. Ligget Group, 505 U.S. 504, 518 (1992). ↑
24 C.F.R. § 960.204. ↑
24 C.F.R. § 960.204. ↑
24 C.F.R. § 982.553 ↑
See PG. 374 for information about federally-assisted housing programs that have a 3-year ban on someone who was evicted from housing for a drug-related offense. In sum: For certain federally-assisted housing programs, including (1) public housing, (2) the voucher program, and (3) project-based Section 8 housing, there is a mandatory 3-year ban on admission for families, if any member of the applicant’s household has ever been evicted from “federally assisted housing” for drug-related criminal activity. 42 U.S.C. § 13661(a). However, this ban does not apply to LIHTC and RD housing. See PG. 374. This rule also does not apply to applicants who were evicted for drug-related activity from non-federally assisted housing. See PG. 374. ↑
See HUD, Occupancy Requirements Of Subsidized Multifamily Housing Programs ¶ 4-8(B)(1) (rev. November 2013) (Prohibited Screening Criteria). Typically this provision is used to prohibit owners from inquiring into an applicant’s medical/physical condition, such as pregnancy, AIDS or TB. But it also could be used to argue that an owner may not request drug testing. ↑
24 C.F.R. § 982.553 ↑
24 C.F.R. § 960.202. ↑
24 C.F.R. § 982.553. This statute is section 8 specific, says generally, can deny admission for other criminal activity that “may threaten the health, safety, or peaceful enjoyment.” ↑
24 C.F.R. § 960.203; 42 U.S.C. § 13661; 24 C.F.R. § 5.903 (authorizing PHA to obtain law enforcement criminal records for use in applicant screening, lease enforcement, and evictions. Owners are not authorized to review records, but can request a determination by PHA as to whether record can be basis for applicant screening, lease enforcement, or eviction.) ↑
“Expungement” is a way to clean up your record so that your convictions have less of a negative impact on your life. When a conviction is expunged, the judge reopens your case and changes your “guilty” plea or verdict to “not guilty,” and then dismisses the case. The case does not disappear from your record, but it shows up as a dismissal instead of a conviction. Only certain convictions qualify for expungement. Cal. Penal Code §§ 1203.4, 1203.4a, 1203.41. ↑
National Housing Law Project, How Does a Criminal Record Affect Your Housing Rights? http://www.nhlp.org/files/Fact sheet for potential tenants - AC%28final%29.pdf . ↑
42 U.S.C. § 13661(a). ↑
Fair Employment & Housing Act, Cal. Gov’t Code § 12955 et seq.; Unruh Civil Rights Act, Cal. Civ. Code § 51. Marina Point, Ltd. v. Wolfson, 30 Cal.3d 721 (1982) (Unruh Civil Rights Act prohibits all “arbitrary” discrimination, regardless of protected class status; landlord’s blanket exclusion of an entire class of people (children) based on a generalized prediction that the class, “as a whole,” is more likely to commit misconduct than some other classes of public” violates the Act.) ↑
42 U.S.C. § 13661(c); Fair Employment & Housing Act, Cal. Gov’t Code § 12955 et seq.; Unruh Civil Rights Act, Cal. Civ. Code § 51; Marina Point, Ltd. v. Wolfson, 30 Cal.3d 721 (1982) (Unruh Civil Rights Act prohibits all “arbitrary” discrimination, regardless of protected class status; landlord’s blanket exclusion of an entire class of people (children) based on a generalized prediction that the class, “as a whole,” is more likely to commit misconduct than some other classes of public” violates the Act.) ↑
U.S. Dep’t Hous. & Urban Dev., PIH 2015-19, Guidance for Public Housing Agencies (PHAs) and Owners of Federally-Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions (2015). See also Landers v. Chicago Hous. Auth., 404 Ill. App. 3d 568 (2010). ↑
HUD, Notice PIH 2015-19, “Guidance for Public Housing Agencies (PHAs) and Owners of Federally-Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions (2015); Landers v. Chicago Hous. Auth., 404 Ill. App. 3d 568 (2010). ↑
See HUD, Notice PIH 2015-19, “Guidance for Public Housing Agencies (PHAs) and Owners of Federally-Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions (2015); Landers v. Chicago Hous. Auth., 404 Ill. App. 3d 568 (2010). ↑
42 U.C.S. § 13661(c); 24 C.F.R. § 5.903. ↑
Cal. Penal Code § 1000.5. ↑
Cal. Penal Code § 1000.4. ↑
24 C.F.R. §§ 5.903, 960.204. ↑
Cal. Civ. Code § 1786.18. ↑
24 C.F.R. §§ 5.903, 960.204. ↑
24 C.F.R. § 960.203. ↑
24 C.F.R. §§ 982.553, § 5.854. ↑
42 U.S.C § 13661(c); 24 C.F.R. §§ 5.855(a), 882.518(b), 982.553(a)(2)(ii). ↑
See 42 U.S.C. § 1437a(b)(9) (definition of drug-related criminal activity); 24 C.F.R. § 5.100. ↑
The regulations define “violent criminal activity” as “any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage.” 24 C.F.R. § 5.100. ↑
See Madison, Wis. Code Of Ordinances Ch. 39.03(1) and (4) (Renumbered by Ord. 12,039, Adopted 2-17-98) (ordinance prohibiting discrimination against individuals with a criminal record is applicable for most offenses two years after the individual has completed or complied with the penalty). ↑
Thomas v. Hous. Auth. of Little Rock, 282 F. Supp. 575, 580 (E.D. Ark 1967) (unwed mother admission policy is drastic beyond reasonable necessity); see also United States v. Robinson, 721 F. Supp. 1541, 1544-45 (forfeiture of tenant’s apartment and her federal housing assistance payments, which were the only means by which the defendant could provide shelter for her children, was disproportionately severe to the offense of knowingly and intentionally distributing a mixture containing cocaine base); In the Matter of Elaine Sicardo v. Peter Smith, etc. No. 2007-03609, Index No. 219067/06 (N.Y. App. Div. Second Jud. Dept., March 18, 2008) (penalty in termination case so disproportionate to the offense as to be shocking to one’s sense of fairness). ↑
HUD, Public Housing Occupancy Guidebook, ¶ 4.6, (June 2003); see also 24 C.F.R. § 982.552(c)(1)(ii) (five-year ban on admission to voucher program for eviction from federally assisted housing). ↑
Screening and Eviction for Drug Abuse and Other Criminal Activity; Final Rule, 66 Fed. Reg. 28,776, 28,779 (May 24, 2001). ↑
HUD, Voucher Program Guidebook, Housing Choice, 7420.10G, ¶ 5.7, p. 5–37 (Apr. 2001). But see Screening and Eviction for Drug Abuse and Other Criminal Activity; Final Rule, 60 Fed. Reg. 34,660, 34,688 (July 3, 1995) (codified at 24 C.F.R. § 982.553(b)) (HUD regulations formerly stated that to deny admission, drug use or possession should have occurred within prior year). ↑
42 U.S.C. § 3604(f)(3)(B); Joint Statement of the Dep’t of Hous. & Urban Dev. and the Department of Justice, Reasonable Accommodations Under the Fair Housing Act, 6 (May 17, 2004). ↑
24 C.F.R. § 960.203(d); HUD, Public Housing Occupancy Guidebook, ¶¶ 4.6, 4.8, 4.10 (rev. November 2013); see also Lancaster v. Scranton Hous. Auth., 479 F. Supp. 134, 138 (M.D. Pa. 1979), aff’d mem., 620 F.2d 288 (3d Cir. 1980) (applicant has burden of putting forth such evidence).In court cases involving eviction or termination of benefits through the government-assisted housing program, courts have sent cases back for review because of the PHA or landlord’s failure to consider mitigating circumstances. See Hicks v. Dakota Cnty. Comm. Dev. Agency, No. A06-1302, 2007 WL2416872 (Minn. App., Aug. 28, 2007) (“The permissive nature of the [voucher] regulation does not preclude a determination that mitigating circumstances are an important factor that must be considered in a particular case.”); Oakwood Plaza Apartments v. Smith, 352 N.J. Super. 467 (2002) (remanding project-based Section 8 eviction case to trial court for a determination of whether landlord properly exercised discretion and considered relevant factors prior to deciding to evict). ↑
24 C.F.R. § 982.553. ↑
24 C.F.R. § 960.203(d); HUD, Public Housing Occupancy Guidebook, ¶¶ 4.6, 4.8, 4.10 (June 2003); see also Lancaster v. Scranton Hous. Auth., 479 F. Supp. 134, 138 (M.D. Pa. 1979), aff’d mem., 620 F.2d 288 (3d Cir. 1980) (applicant has burden of putting forth such evidence). ↑
24 C.F.R. §§ 982.552(c)(2), 5.852; HUD, Occupancy Requirements Of Subsidized Multifamily Housing Programs ¶ 4-7(C)(4) (Rev. November 2013); HUD, Public Housing Occupancy Guidebook, ¶¶ 4.6, 4.8, 4.10 (June 2003); see also One Strike and You’re Out” Screening and Eviction Guidelines for Public Housing Authorities (HAs), PIH 96-16 (HA) (Apr. 12, 1996) 5-6; see also Letter from Mel Martinez, Secretary of HUD, to Public Housing Directors (Apr. 16, 2002), and letter from Michael Liu, Assistant Secretary of HUD to Public Housing Directors (June 9, 2002), both letters are available at http://www.nhlp.org/html/ new/index.htm (in the eviction context HUD has urged PHAs to be guided by “compassion and common sense”). ↑
24 C.F.R. § 960.203(d)(ii). This last factor is listed in the context of public housing but could be considered with respect to applications for other federally assisted housing. ↑
For more reading on this topic, see Sharon M Dietrich, When “Your Permanent Record” is a Permanent Barrier: Helping Legal Aid Clients Reduce the Stigma of Criminal Records, 41 Clearinghouse Rev. 139, 141 (July-Aug. 2007), discussing what applicants can do to improve or challenge the criminal record. ↑
24 C.F.R. §§ 5.903(d)(4); 5.905(b)(5); HUD Occupancy Requirements Of Subsidized Multifamily Housing Programs ¶ 4-7(E)(2) (rev. November 2013); Screening and Eviction for Drug Abuse and Other Criminal Activity—Final Rule, H 2002-22 (HUD) (Oct. 29, 2002) ¶ X, p. 9, ¶ XIII, p. 11; see also 24 C.F.R. § 5.100 (definition of federally assisted housing). ↑
Cal. Civ. Code § 1950.6. ↑
15 U.S.C. § 1681b(b)(2)(A); Cal. Civ. Code § 1786.16(a)(2). ↑
Cal. Civ. Code § 1786.16. ↑
Cal. Civ. Code § 1786.11. ↑
Unless governed by a longer statute of limitations, which extends the time in which a suit, judgment, or arrest remains effective. ↑
EXCEPTIONS: An agency can report these kinds of arrests or charges if judgment is still pending. ↑
When a tax debt is not timely paid, the government’s legal claim against your property is considered a “tax lien.” http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Understanding-a-Federal-Tax-Lien . ↑
Consumer Data Industry Association, http://www.cdiaonline.org/HTC/htc.cfm?ItemNumber=1080 ↑
Cal. Civ. Code § 1786.18. ↑
15 U.S.C. §§ 1681b(b)(3), 1681m(a); Cal. Civ. Code § 1786.40. ↑
See also Fair Housing Act, 42 U.S.C. § 3601 et seq.; Fair Employment & Housing Act, Cal. Gov’t Code § 12955 et seq.; Unruh Civil Rights Act, Cal. Civ. Code § 51. ↑
15 U.S.C. § 1681w (a)(1). ↑
42 U.S.C. § 1437d. ↑
42 U.S.C. § 1437d(q)(1)(A). ↑
HUD, Voucher Program Guidebook, Housing Choice, HUD Handbook 7420.10G, ¶ 13.4 (Apr. 2001). ↑
The argument against such adoption of those rules (for other federally-assisted housing programs, not including public housing, which already has these rules in place) is that Congress intentionally limited the applicability of the statutory provision to public housing and did not extend it to the other programs. However, if a PHA, for the voucher program, or an owner, for other programs, adopts a policy that seeks to obtain records from drug treatment facilities, it should also be argued that the public housing statutory protections or their equivalent must be incorporated, as the statute is designed to avoid a violation of fair housing laws and claims of discrimination based upon disability. ↑
42 U.S.C. § 1437d(t); 24 C.F.R. § 960.205. ↑
42 U.S.C. § 1437d(t); 24 C.F.R. § 960.205; cf. Campbell v. Minneapolis Pub. Hous. Auth., 175 F.R.D. 531 (D. Minn. 1997), vacated and remanded, 168 F.3d 1069 (8th Cir. 1999). Campbell involved an interpretation of 42 U.S.C. §§ 1437n(e)(1), (2), which have been repealed. The court allowed the PHA to seek information regarding drug use and rehabilitation efforts from drug treatment facility, but remanded the case to the PHA to determine eligibility because the administrative record was incomplete. The PHA conceded that it would have to change its policy based upon the repeal and amendments to the statute. ↑
42 U.S.C. § 1437d(t)(2); 24 C.F.R. § 960.205(c)(1); cf. Campbell v. Minneapolis Pub. Hous. Auth., 175 F.R.D. 531 (D. Minn. 1997), vacated and remanded, 168 F.3d 1069 (8th Cir. 1999). ↑
42 U.S.C. § 1437d(t)(2)(C); 24 C.F.R. § 960.205(c)(2). ↑
42 U.S.C. § 1437d(t)(2)(B); 24 C.F.R. § 960.205(f). ↑
15 U.S.C. § 1681 et seq. ↑
24 C.F.R. § 960.205(e). ↑
24 C.F.R. § 5.903(d); 42 U.S.C. § 1437d(q). ↑
42 U.S.C. § 1437d(q)(1)(B); 24 C.F.R. § 5.903(d); HUD Occupancy Requirements Of Subsidized Multifamily Housing Programs ¶ 4-27(E)(4)(a); see also 42 U.S.C. § 13,663(b); 24 C.F.R. § 5.905 (2007) (sex offender registration information). ↑
24 C.F.R. §§ 5.903(e)(2)(i)(b), 5.905(b)(5). ↑
42 U.S.C. § 1437d(q)(1)(B); 24 C.F.R. § 5.903(d), (e), 5.905(b)(2)(ii); see also Screening and Eviction for Drug Abuse and Other Criminal Activity—Final Rule, H 2002-22 (HUD) (Oct. 29, 2002). ↑
See HUD Occupancy Requirements Of Subsidized Multifamily Housing Programs ¶ 4- 27(E)(4)(b) (rev. Nov. 2013) (referencing other types of screening services or sources of information that an owner may use); Screening and Eviction for Drug Abuse and Other Criminal Activity—Final Rule, H 2002-22 (HUD) (Oct. 29, 2002) (same). ↑
Cal. Penal Code § 11105.03(b)(2); Cal. Civ. Code § 1786.18(a)(7). ↑
See Cal. Civ. Code § 1786.20(a), 1786.50. The California anti-SLAPP statute could pose a barrier to enforcement of these restrictions. In Mendoza v. ADP Screening and Selection Services, Inc., 107 Cal. Rptr. 3d 294 (Cal. Ct. App. 2010), the defendant credit reporting agency (CRA) disclosed information from the state’s sex offender website to a prospective employer. The plaintiff filed suit under a section of the penal code that prohibits the use of information from the website for purposes of employment, and the CRA filed a motion to strike under the anti-SLAPP statute, claiming a constitutional right to provide information from the website to its clients. The court granted the motion, calling the CRA’s conduct protected speech under the First Amendment. The court noted that to fall outside of the anti-SLAPP statute, the defendant’s conduct must be criminal in nature. See also NHLP, California Law Limits Housing Authority Access to Arrest Records,
http://nhlp.org/files/California%20Law%20Limits%20Housing%
20Authority%20Access%20to%20Arrest%20Records-2.pdf
.
↑
42 U.S.C. 1437d(q)(1)(c); Cal. Welf. & Inst. Code § 827; see also Rivers v. Housing Auth. of Contra Costa Cnty., No. CO5-04291 PJH (N.D. Cal., complaint filed Oct. 21, 2005) (illegal release of juvenile record); ↑
Cal. Civ. Code § 1786.16. ↑
Cal. Civ. Code § 1786.11. ↑
Cal. Civ. Code § 1786.40; 42 U.S.C. § 1437d(q)(2). ↑
42 U.S.C. § 1437d(q)(2). ↑
Instructions for Obtaining Federal Bureau of Investigation Criminal History Information, PIH 2003-11(HA) (Apr. 11, 2003) ¶ 7. ↑
42 U.S.C. § 1437d(q)(2). There are conflicting interests involved in providing the criminal record to both the applicant and the member of the family subject to the criminal record. The FBI “commented that dissemination of criminal records is limited to those with authorization (such as the PHA) and the person who is the ‘subject’ of the record, not to other persons in the household.” 66 Fed. Reg. 28,776, 28,789 (May 24, 2001). HUD disagreed, contending that under its statutory authority, it is required to provide the information to the applicant or tenant so that the applicant or tenant may dispute the determination. ↑
42 U.S.C. § 1437d(q)(2); 24 C.F.R. § 5.903(f); see also 42 U.S.C. §§ 960.204(c), 966.4(l)(5)(iv) (public housing) and 982.553(d) (voucher). The notice and opportunity to contest must also be provided in the case of an eviction or lease enforcement action. ↑
Special Note for Advocates: The statutory language shows a policy concern that PHAs maintain the confidentiality of criminal records obtained through the federally authorized process. However, the regulation states that it is not applicable to public information or to criminal records information obtained from law enforcement agencies if the information was not sought pursuant to the regulations. 24 C.F.R. §§ 5.901(c), 5.905(c)(2). This exemption may be too broad. The meaning and full effect of the exclusion and its consistency with the statute has not been tested. The concern is that this may mean that if a PHA obtains information from a private consumer reports agency, it may not have to abide by the confidentiality provisions of the statute. 15 U.S.C. §§ 1681-1681u. Additionally, the confidentiality provisions of the statute most likely do not cover information the PHA or owner obtains from other sources, such as police blotters and newspaper reports. Nevertheless, advocates should argue that any information obtained from law enforcement agencies that is not otherwise publicly available should be subject to the statutory protections. 24 C.F.R. § 5.901(c). With respect to the management of the records, the statute references “any criminal records received,” whereas other provisions of the statute are limited to information received under the subsection. 42 U.S.C. § 1437d(q), § 13663(f); see also 24 C.F.R. § 982.307(b)(2) (PHA may provide voucher landlords information in PHA files). ↑
42 U.S.C. § 1437d(q)(4), (6); 24 C.F.R. § 5.903(h). ↑
42 U.S.C. § 1437d(q)(7). ↑
The broad scope of the PHA’s or owner’s liability may provide leverage for an applicant harmed by the negligence. The threat of litigation costs and attorney’s fees may encourage settlement and the admission of the applicant. ↑
42 U.S.C. § 1437d(q)(7); see also Rivers v. Housing Auth. of Contra Costa Cnty., No. CO5-04291 PJH (N.D. Cal., complaint filed Oct. 21, 2005) (illegal release of juvenile record); There is no equivalent language regarding fees and costs regarding negligent actions with respect to registered sex offenders. ↑
Rent Increases: Basic Information for Tenants, Cal. Dep’t of Consumer Affairs (May 2012), http://www.dca.ca.gov/publications/legal_guides/lt-2.shtml . ↑
Studies have shown that a substantial number of public housing residents have family members or significant others with recent criminal history. See Catrina Gouvis Roman, Taking Stock: Housing, Homelessness, And Prison Reentry 24 (2004). It’s likely that members of other federally assisted housing programs are similar. ↑
See PG. 391 for a discussion of the screening criteria relating to individuals with criminal histories. ↑
This includes HUD-assisted housing, Rural Development (RD) project-based programs, and Low Income Housing Tax Credit (LIHTC) properties. ↑
24 C.F.R. §§ 966.4(a)(1)(v), 982.516(c), 982.551(h)(2). Because tenants generally are not aware of the rules set forth in HUD Handbooks, and the lease does not require interim reporting, tenants without notice of the obligation to report should not be penalized for failing to report interim changes in family composition. Compare HUD, Occupancy Requirements Of Subsidized Multifamily Housing Programs ¶ 7-10(A)(2) (rev. November 2013) (requiring that all tenants notify the owner when a family member proposes to move a new member into the unit), with HUD, Occupancy Requirements Of Subsidized Multifamily Housing Programs, App. 4-A the model lease, ¶ 16a (does not require interim reporting of changes in family composition). ↑
In the RD programs, the owner must include a number of policies in the lease with the tenant, which must be approved by the agency. RD regulations require that the lease include information regarding the tenant’s duty to notify the owner of an extended absence. 7 C.F.R. § 3560.156(c)(18)(xiii). ↑
HUD, Public Housing Occupancy Guidebook, ¶ 12.2 (June 2003) (PHA may conduct criminal background check of current residents at the annual review “although this is not a HUD requirement”); cf. HUD, Occupancy Requirements Of Subsidized Multifamily Housing Programs, ¶¶ 7-4 (A)(7) (rev. November 2013) (owners may conduct criminal background checks at annual recertification). If the owner does require a background check on current tenants at recertification, the HUD rules for project-based HUD-assisted housing state that the owner must conduct the background check on all tenants. See HUD, Occupancy Requirements Of Subsidized Multifamily Housing Programs ¶ 7-4(A)(7); cf. HUD, Public Housing Occupancy Guidebook, ¶ 12.2 (June 2003) (PHA may conduct criminal background check at the annual review “although this is not a HUD requirement”). ↑
Defending a family from eviction is beyond the scope of this Guide. For more information regarding defending such evictions, see NHLP, HUD Housing Programs Tenants’ Rights, Chapter 14 (3d ed., 2004 and 2006-2007 Supp.); Lawrence R. McDonough & Mac McCreight, Wait a Minute: Slowing Down Criminal-Activity Eviction Cases to Find the Truth, 41 Clearinghouse Rev. 55 (May-June 2007). ↑
24 C.F.R. §§ 966.4(c)(2), 982.516(c), 982.551(h)(3); see also HUD form 50075, PHA Plans (exp. 08/31/2009), ¶ 4A1f (PHA Annual Plan requires, for public housing, PHAs to state how frequently a tenant must report changes in family composition). ↑
See Sacramento Housing and Redevelopment Agency, 2014 Admissions and continued Occupancy Policy 11-5. ↑
See Sacramento Housing and Redevelopment Agency, 2014 Admissions and continued Occupancy Policy 11-6. ↑
24 Hous. & Urban Dev. § 5.100. ↑
See, e.g., McKenna v. Peekskill Hous. Auth., 647 F.2d 332 (2d Cir. 1981) (a PHA’s two-week visitation rule was reasonable); Lancor v. Lebanon Hous. Auth., 760 F.2d 361 (1st Cir. 1985); see also 42 U.S.C. § 1437d(l)(2) (PHAs “must utilize leases that do not contain unreasonable terms and conditions”); Ritter v. Cecil County Office of Hous. & Comm. Dev., 33 F.3d 323 (4th Cir. 1994) (upholding, against First Amendment association and privacy claims, PHA’s two-week visitation rule for Section 8 tenant-based recipients as reasonable under HUD regulations prohibiting residency by nonfamily members); 42 U.S.C. § 1715z—1b(b)(3). Some state courts have also invalidated unreasonable guest policies imposed by subsidized owners. See Messiah Baptist Hous. Dev. Fund Co. v. Rosser, 92 Misc. 2d 383 (1977) (occasional overnight visitor does not violate subsidized housing lease provisions requiring reporting of changes in income and family composition and prohibiting accommodations for boarders); Ashley Ct. Enters. v. Whittaker, 249 N.J. Super. 552 (App. Div. 1991) (refusing eviction of tenant-based Section 8 recipient because lease provision barring recurring visits was unreasonable and so vague as to be unenforceable); cf. New Boston Kiwanis Hous. Dev. Corp. v. Sparks, No. 1957, 1992 WL 79561 (Ohio Ct. App. Apr. 14, 1992) (lease provision requiring tenant to report changes in family composition does not constitute unlawful attempt to legislate morality; if guest stays long enough to become household member, tenant can be evicted for failing to report). ↑
See, e.g., Ritter v. Cecil County Office of Hous. & Cmty. Dev., 33 F.3d 323 (4th Cir. 1994) (Section 8 tenant-based recipient violated two-week guest rule and had notice that violation could result in termination); Zajac v. Altoona Hous. Auth., 156 Pa. Commw. 209 (1993), appeal denied, 537 Pa. 627 (PHA policy provided that no one other than a resident could reside in the unit other than on a temporary basis not to exceed 30 days). ↑
See, e.g., Ritter v. Cecil County Office of Hous. & Cmty. Dev., 33 F.3d 323 (4th Cir. 1994) (Section 8 tenant-based recipient violated two-week guest rule and had notice that violation could result in termination); Zajac v. Altoona Hous. Auth., 156 Pa. Commw. 209 (1993), appeal denied, 537 Pa. 627 (PHA policy provided that no one other than a resident could reside in the unit other than on a temporary basis not to exceed 30 days). ↑
7 C.F.R. § 3560.156(c)(8). ↑
7 C.F.R. § 3560.157(b)(10). ↑
7 C.F.R. § 3560.156(c)(15). ↑
The Somerville (Massachusetts) Housing Authority, Policies and Procedures, http://sha-web.org/policies.aspx .. ↑
24 C.F.R. § 5.403. ↑
HUD, Occupancy Requirements Of Subsidized Multifamily Housing Programs ¶¶ 4-7(B)(6); 7-10 (rev. November 2013) (stating that owner must apply screening criteria for criminal activity to persons added to the lease, including a live-in aide). ↑
Cal. Fair Credit Reporting Act, Cal. Civ. Code §§ 1785.1-1785.6. ↑
Cal. Fair Credit Reporting Act, Cal. Civ. Code §§ 1785.1-1785.6. ↑
Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ↑
42 U.S.C. § 1437d(c)(4) (public housing); 24 C.F.R. §§ 880.603(b)(2) (Section 8 new construction), 882.514(f) (Section 8 moderate rehabilitation), 960.208(a) (public housing), 982.201(f)(1) and 982.554(a) (voucher); HUD, Occupancy Requirements Of Subsidized Multifamily Housing Programs ¶ 4-9(C)(1) (rev. November 2013); HUD, Public Housing Occupancy Guidebook, ¶ 4.9 and App. III (June 2003) (sample ACOP) (the ACOP and Notices are models; nevertheless, they should be persuasive); HUD, Voucher Program Guidebook, Housing Choice, 7420.10G, ¶ 5.7 (Apr. 2001) (voucher); Holmes v. N.Y. City Hous. Auth., 398 F.2d 262 (2d Cir. 1968) (PHA’s failure to inform applicants of denial or reasons violated due process); 7 C.F.R. §§ 3560.160(e), 3560.154(h) (RD Section 515 Rental Housing) (applied to Section 514 and 516 farmworker housing through §§ 3560.551, 3560.601), 3560.255(b) (comparable notice requirements in the USDA Rural Development housing program). ↑
See, e.g., 7 C.F.R. § 3560.154(h) (requiring that the credit report relied upon to deny admission to an applicant under the USDA Rural Development housing programs be attached to Notices of Ineligibility or Rejection in accordance with the Fair Reporting Credit Act); HUD, Public Housing Occupancy Guidebook, ¶ 4.9 (June 2003); see also Edgecomb v. Hous. Auth. of Vernon, 824 F. Supp. 312 (D. Conn. 1993) (termination of subsidy); Driver v. Hous. Auth. of Racine, 713 N.W.2d 670 (Wis. Ct. App. 2006) (sustaining tenants’ § 1983 claim challenging adequacy of notice and hearing decision in a termination case as a matter of both due process, per Goldberg v. Kelly, 397 U.S. 254 (1970) and Edgecomb, and public policy. ↑
Special Note for Advocates: This section cites cases involving denial or termination from federally assisted housing. Note: There may be cases from other social welfare programs that also may be used to build an applicant’s case. Such cases are not included in this discussion, as they are beyond the scope of this manual. ↑
See, e.g., 42 U.S.C. § 1437d(c)(4) (public housing); 24 C.F.R. §§ 882.514(f) (Section 8 moderate rehabilitation), 960.208(a) (public housing), 982.554 (voucher) 880.603(b)(2) (Section 8 new construction); 7 C.F.R. § 3560.160(f)-(g) (rural development pro- gram); HUD, Public Housing Occupancy Guidebook, ¶ 4-9) (June 2003) (informal hearing is distinct from a public housing grievance hearing); see also Ressler v. Pierce, 692 F.2d 1212, 1215 (9th Cir. 1982) (applicants for project–based Section 8 had a sufficient property interest to give rise to due process procedural safeguards); Holmes, 398 F.2d at 265 (due process requires ascertainable standards for admission); Eidson v. Pierce, 745 F.2d 453 (7th Cir. 1984) (applicants for Section 8 new construction projects lack sufficient property interest for due process protections). ↑
Holmes v. N.Y. City Hous. Auth., 398 F.2d 262, 264 (2nd Cir. 1968); Billington v. Underwood, 613 F.2d 91 (5th Cir. 1980), and subsequent opinion, Billington v. Underwood, No. 81-7978, 707 F.2d 522 (11th Cir. May 23, 1983); see also Vance v. Hous. Opportunities Comm’n, 332 F. Supp. 2d 832 (D. Md. 2004) (mentally disabled tenant challenged a termination from Supportive Housing program and denial of reinstatement based on various procedural deficiencies; court preliminarily ordered reconsideration of reinstatement request and new hearing on termination with other procedural protections). ↑
See, e.g., 24 C.F.R. § 5.514(e)(1) (applicants for federally assisted housing rejected because of rules regarding immigration statutes have 30 days from notice to request grievance hearing); 7 C.F.R. § 3560.154(e) (Rural Development housing notice must be delivered by certified mail return receipt requested or hand-delivered letter with signed receipt by applicant and inform denied applicant of the right to respond within 10 calendar days after date of notice and right to hearing available upon request), whereas, 7 C.F.R. 3560.160(h) states notice must be given of the right to respond within 10 days after receipt of notice (emphasis added); HUD, Occupancy Requirements Of Subsidized Multifamily Housing Programs ¶ 4-9(C)(2)(b) (rev. November 2013) (notice must inform applicant of right to respond in writing or to request a meeting within 14 days of rejection); HUD, Public Housing Occupancy Guidebook, App. VIII (Applicant Notice of Rejection) (June 2003) (request informal hearing within 10 days); see also Samuels v. District of Columbia, 669 F. Supp. 1133, 1140 (D.D.C. 1987) (10-day period for a tenant to seek grievance hearing is unreasonably short). ↑
For the USDA rural housing programs, applicants who have been denied housing and choose to file grievances are entitled to examine the records that a borrower plans to rely upon to defend the admission decision. 7 C.F.R. § 3560.160(g)(4) (Rural Development housing); see also, HUD, Public Housing Occupancy Guidebook, App. VIII (sample Applicant Notice of Rejection) (June 2003) (offers applicant the opportunity to review applicant file); See Chapter 3 for a discussion of special federal rules regarding access to criminal records by PHAs and owners. In the event that the denial is based upon criminal record information obtained by a PHA (including lifetime sex offender registration) in accordance with the federal statute, the PHA has an obligation to provide the applicant a copy of that record. ↑
Sharon M. Dietrich, When “Your Permanent Record” Is a Permanent Barrier: Helping Legal Aid Clients Reduce the Stigma of Criminal Records, 41 Clearinghouse Rev. 139 (July-Aug 2007). ↑
See Legal Action Center, How to Get Section 8 or Public Housing Even with a Criminal Record: A Guide for New York City Housing Authority Applicants and their Advocates, App. H (no date), http://lac.org/index.php/lac/130 (provides examples of letters of recommendation); New York City Housing Authority, Division of Applicant Appeals, Public Housing Hearing, Report of Informal Hearing, August 7, 2007, No. 113-52-7732. ↑
See Jaimes v. Toledo Metro. Hous. Auth., 758 F.2d 1086 (6th Cir. 1985); Billington v. Underwood, 613 F.2d 91, 93 (5th Cir. 1980); Neddo v. Hous. Auth. of Milwaukee, 335 F. Supp. 1397 (E.D. Wis. 1971); cf. Spady v. Mount Vernon Hous. Auth., 341 N.Y.S.2d 552 (N.Y. App. Div. 1973), aff’d mem., 310 N.E.2d 542 (N.Y. 1974), cert. denied, 419 U.S. 983 (1974) (Douglas, J., dissenting); Sumpter v. White Plains Hous. Auth., 278 N.E.2d 892 (N.Y. 1972), cert. denied, 406 U.S. 928 (1972) (distinguishing evidentiary hearing required before termination of benefits from procedures required before denials of eligibility). See also S. K. Morris, Note, The New Leased Housing Program: How Tenantable a Proposition? 26 Hastings L.J. 1145, 1201 (1975). ↑
See Billington v. Underwood, No. 81-7978, 1983 WL 855694 (11th Cir. May 23, 1983) (discussion of the burden of proof and use of hearsay in hearing for denial of admission). The following cases set aside hearing decisions based solely on hearsay in the context of subsidy terminations or proposed evictions: Basco v. Machin, 2008 WL 182249 (11th Cir.); Edgecomb v. Hous. Auth. of Vernon, 824 F. Supp. 312 (D. Conn. 1993) (in decision involving termination of tenant- based assistance, court held that conclusory statement was insufficient); Kurdi v. Du Page County Hous. Auth., 161 Ill. App. 3d 988 (1987); Carter v. Olmsted County Hous. & Redev. Auth., 574 N.W.2d 725 (Minn. Ct. App. 1998); Chase v. Binghamton Hous. Auth., 91 A.D.2d 1147, 1147-48 (N.Y. App. Div. 1983). Hearsay rules, if used, will likely apply to all parties. Therefore, an applicant should be prepared to have whatever hearsay rules are adopted apply to the evidence that he or she presents. Broughton v. Hous. Auth. of Pittsburgh, 755 A.2d 105 (Pa. Commw. Ct. 2000) (tenant’s hearsay evidence excluded in judicial setting). ↑
Billington v. Underwood, 613 F.2d 91, 95 (5th Cir. 1980); see also Piretti v. Hyman, No. 79-622-K, slip op. (D. Mass. July 23, 1979), vacated as moot without opinion, 618 F.2d 94 (1st Cir. 1980) (in a case regarding termination of tenant-based assistance, decision-maker not impartial when the attorney presenting the PHA’s case also advised the hearing officer). ↑
See 24 C.F.R. § 982.554(b)(1); HUD, Public Housing Occupancy Guidebook, § 4.9 and App. VIII (Applicant Notice of Rejection) (June 2003); HUD, Voucher Program Guidebook, Housing Choice, 7420.10G, ¶ 16.5 (Apr. 2001) (voucher program); HUD, Occupancy Requirements Of Subsidized Multifamily Housing Programs ¶ 4-9(D)(1) (requiring that any meeting with the applicant to discuss the applicant’s rejection must be conducted by a member of the owner’s staff who was not involved in the initial decision to deny admission or assistance); see also Davis v. Mansfield Metro. Hous. Auth., 751 F.2d 180, 185 (6th Cir. 1984); Billington v. Underwood, 613 F.2d 91, 95 (5th Cir. 1980). ↑
Billington v. Underwood, 613 F.2d 91, 95 (5th Cir. 1980); see also Edgecomb v. Hous. Auth. of Town of Vernon, 824 F. Supp. 312, 314-16 (D. Conn. 1993) (in a termination of benefits case, the hearing decision could not be based wholly on hearsay; hearing decision inadequate because no reasons given; participant was entitled to cross-examine witness); Kurdi v. Du Page County Hous. Auth., 514 N.E.2d 802, 806 (Ill. App. Ct. 1987) (setting aside a termination decision based wholly on hearsay); see also 7 C.F.R. § 3560.160(h) (2007) (rural development housing). ↑
Gibson v. Gibson, 15 Cal. App. 3d 945 (1971); see also Costa v. Fall River Hous. Auth., 71 Mass. App. Ct. 269, 283 (2008). ↑
Neddo v. Hous. Auth. of City of Milwaukee, 335 F. Supp. 1397, 1400 (E.D. Wisc. 1971); see also 7 C.F.R. § 3560.160(h) (2007) (RD housing). ↑
See, e.g., New York City Housing Authority, Division of Applicant Appeals, Public Housing Hearings, Report of Informal Hearing, August 6, 2007, No. 113-52-7732 copy available as Exhibit 3 of this Chapter (applicant with felony convictions found to have made significant positive changes and improved since the offenses). ↑
4 C.F.R. §§ 882.514(f) (Section 8 Moderate Rehabilitation) and 982.552(b)(3) (voucher program) (2007); HUD, Public Housing Occupancy Guidebook, ¶ 4.9 (public housing); HUD Handbook 4350.3, REV-1, CHG-2, ch. 4-9D (June 2007) (final decision must be given to applicant within five business days of meeting); Neddo v. Hous. Auth. of City of Milwaukee, 335 F. Supp. 1397 (E.D. Wisc. 1971); see also Edgecomb v. Hous. Auth. of Town of Vernon, 824 F. Supp. 312 (D. Conn. 1993) (in a termination of benefits case, hearing decision could not be based wholly on hearsay; hearing officer decision inadequate because no reasons given; participant entitled to cross-examine witness); Powell v. D.C. Hous. Auth., 818 A.2d 188 (D.C. 2003) (reversing PHA’s termination decision for alleged fraudulent underreporting of income because hearing officer failed to make findings with respect to each contested material allegation of fact as required by due process and applicable local Administrative Procedure Act (APA); see also Hicks v. Dakota County Cmty Dev. Agency, No. A06-1302, 2007 WL2416872 (Minn. App., Aug. 28, 2007) (the record must be sufficient to facilitate meaningful review and where there are no findings or credibility determinations, the court could not conduct a meaningful review); see, e.g., New York City Housing Authority, Division of Applicant Appeals, Public Housing Hearing, Report of Informal Hearing, August 6, 2007, No. 113-52-7732 (copy available as Exhibit 3 to this Chapter). For Rural Development housing, the notice must be served within ten days of the hearing. 7 C.F.R. § 3560.160(i)((2) (2007). As noted above, the decision also should not be based wholly upon uncorroborated hearsay. ↑
See Wolff v. McDonnell, 418 U.S. 539, 564 (1974); Billington v. Underwood, 613 F.2d 91, 93-95 (5th Cir. 1980); Singleton v. Drew, 485 F. Supp. 1020, 1024 (E.D. Wisc. 1980); McNair v. N.Y. City Hous. Auth., 613 F. Supp. 910, 914-15 (1985). ↑
You could bring an action for federal civil rights violations under 42 U.S.C. § 1983, which has a three-year statute of limitations, to challenge a decision on fair housing or due process grounds, and also sometimes on the grounds that the decision is contrary to applicable federal law. This is a field of law that is very complicated. It is unclear whether you can use § 1983 to make a challenge that a decision lacks substantial evidence, or that the officer did not exercise discretion properly. The state certiorari statute is necessary, especially if your challenge focuses on the failure of the housing program to comply with agency procedures and policies. ↑
See, e.g., Cal. Civ. Code § 1961 ̵ 2. ↑
Cal. Civ. Code § 1950.6 ↑
Servicemembers Civil Relief Act, 50 U.S.C. App. § 517. ↑
24 C.F.R. § 982.310. ↑
LSNC, Self-Advocacy Fact Sheet: Eviction at 1, http://www.lsnc.net/dera_files/eviction_factsheet.pdf . ↑
The information in this section has been substantially adopted from Legal Services of Northern Cal., 3-Day Notices—Frequently Asked Questions & Answers (rev’d Apr. 2015), courtesy of Sarah Steinheimer and Amy Williams. ↑
Transitional Housing Participant Misconduct Act, Cal. Health & Safety Code §§ 50580-50582. ↑
Adapted from information shared by Uncommon Law, http://uncommonlaw.org/ . ↑
Cal. Civ. Code §§ 54-55.32; 42 U.S.C. § 3604(f)(3)(B); see also Joint Statement of HUD and U.S. DOJ, Reasonable Accommodations Under the Fair Housing Act, 6 (May 17, 2004). ↑
42 U.S.C. § 3604(f)(3)(B). ↑
See U.S. Airways v. Barnett, 535 U.S. 391, 397 (2002). ↑
42 U.S.C. § 3604(f)(3)(B). ↑
Cal. Gov’t Code §§ 12925-12928; see also Joint Statement of the Dep’t of Hous. & Urban Dev. and the Department of Justice, Reasonable Accommodations Under the Fair Housing Act, question 7 (May 17, 2004); 24 C.F.R. § 8.33 (2007); See Southeastern Cmty. Coll. v. Davis, 442 U.S. 397, 410, 412 (1979). ↑
Cal. Gov’t Code §§ 12925-12928. ↑
Cal. Gov’t Code §§ 12925-12928. ↑
Cal. Gov’t Code §§ 12925-12928. ↑
Cal. Gov’t Code §§ 12925-12928; see also, San Francisco Housing Authority, Housing Choice Voucher Program Administrative Plan, http://www.sfha.org/SFHA_Proposed_Admin_Plan-FINAL_12172014.pdf . ↑
42 U.S.C. § 3602(h); 24 C.F.R. § 9.103. Federal HUD regulations define “handicap” to include drug addiction. Similarly, the ADA states that a person with a disability includes “someone who has successfully completed a drug rehabilitation program, is currently in such a program, or is mistakenly regarded as engaging in illegal drug use.” ↑
42 U.S.C. § 3602(h); Cal. Gov’t Code §§ 12925-12928. ↑
United States v. S. Mgmt. Corp., 955 F.2d 914 (4th Cir. 1992) (holding that one-year period of abstinence could not constitute current use); Herman v. City of Allentown, 985 F. Supp. 569, 578-79 (E.D. Pa. 1997) (holding that nine-month period of abstinence could not constitute current use); Baustian v. Louisiana, 910 F. Supp. 274, 276; McDaniel v. Miss. Baptist Med. Ctr., 877 F. Supp. 321, 327–28 (finding that “seven weeks simply does not satisfy the [ADA’s] requirement of long term abstinence from illegal drug use”). ↑
See Zenor v. El Paso Healthcare Sys., 176 F.3d 847, 857 (5th Cir. 1999) (finding five-week period of abstinence insufficient); Shafer v. Preston Memorial Hosp. Corp., 107 F.3d 274, 278 (4th Cir.1997) (finding periodic use of drugs during weeks and months prior to termination from employment as current use); Collings v. Longview Fibre Co., 63 F.3d 828, 833 (9th Cir. 1995) (same); Baustian v. Louisiana, 910 F. Supp. 274, 277 (E.D. La. 1996) (finding seven-week period of abstinence insufficient); McDaniel v. Mississippi Baptist Med. Ctr, 877 F. Supp. 321, 328 (S.D. Miss. 1995) (finding six-week period of abstinence insufficient). ↑
29 U.S.C § 705. ↑
The Housing Center, Obtaining and Maintaining House: Fair Housing for People with Mental Health Disabilities. For more information about obtaining a reasonable accommodation, visit: http://www.fhrc.org/HRAC_Brochure.pdf . ↑
Joint Statement of the Dep’t of Hous. & Urban Dev. and the Department of Justice, Reasonable Accommodations Under the Fair Housing Act, 6 (May 17, 2004). ↑
See U.S. Airways v. Barnett, 535 U.S. 391, 397. ↑
Joint Statement of the Dep’t of Hous. & Urban Dev. and the Dep'’t of Justice, Reasonable Accommodations Under the Fair Housing Act (May 17, 2004). ↑
See National Housing Law Project, Reasonable Accommodation in Federally Assisted Housing, http://nhlp.org/files/Reasonable%20Accommodation%20Outline%20Current%2010-2012.pdf ; see also Jennifer L. Dolak, Note, The FHAA’s Reasonable Accommodation & Direct Threat Provisions as Applied to Disabled Individuals Who Become Disruptive, Abusive, or Destructive in Their Housing Environment, 36 Ind. L. Rev. 759, 762–67 (2003). ↑
See National Housing Law Project, Reasonable Accommodation in Federally Assisted Housing, http://nhlp.org/files/Reasonable%20Accommodation%20Outline%20Current%2010-2012.pdf . ↑
Dep’t of Hous. & Urban Dev., Handbook 4350.3: Occupancy Requirements Of Subsidized Multifamily Housing Programs, REV-1, CHG-3, 2-39; see also National Housing Law Project, Reasonable Accommodation in Federally Assisted Housing, http://nhlp.org/files/Reasonable%20Accommodation%20Outline%20Current%2010-2012.pdf . ↑
Dep’t of Hous. & Urban Dev., Handbook 4350.3: Occupancy Requirements Of Subsidized Multifamily Housing Programs, REV-1, CHG-3, 2-39; see also National Housing Law Project, Reasonable Accommodation in Federally Assisted Housing, http://nhlp.org/files/Reasonable%20Accommodation%20Outline%20Current%2010-2012.pdf . ↑
Dep’t of Hous. & Urban Dev., Handbook 4350.3: Occupancy Requirements Of Subsidized Multifamily Housing Programs, REV-1, CHG-3, 2-39; see also National Housing Law Project, Reasonable Accommodation in Federally Assisted Housing, http://nhlp.org/files/Reasonable%20Accommodation%20Outline%20Current%2010-2012.pdf . ↑
Reasonable Accommodations under the Fair Housing Act, U.S. Dep’t of Just., http://www.justice.gov/crt/about/hce/jointstatement_ra.php . ↑
Cal. Gov’t Code § 12981(a); 2 Cal. Code Regs. § 10063. In general, DFEH must file the lawsuit within 100 days after receiving your formal complaint. Before filing the lawsuit, DFEH will first require you and the landlord to attempt mediation. ↑
Unruh Civil Rights Act, Cal. Civ. Code § 51 et seq. ↑
See Head v. Glacier Northwest Inc., 413 F.3d 1053 (2005) (holding that the ADA outlaws adverse employment decisions motivated, even in part, by animus based on a plaintiff’s disability or request for an accommodation); Village of Arlington Heights v. Metro. Hous. Dev. Corp., 429 U.S. 252, 265 (1977); see also United States v. S. Mgmt. Corp., 955 F.2d 914, 916 (4th Cir. 1992) (finding a private apartment complex to have violated the FHA by refusing to rent units to a community drug and alcohol rehabilitation board for its participants who had remained drug-free for one year); Campbell v. Minneapolis Pub. Hous. Auth., 168 F.3d 1069 (8th Cir. 1999) (remanding a matter in which the local PHA had rejected a former substance abuser’s application to public housing because of insufficient evidence). Campbell demonstrates the importance of housing applicants providing documentation that he or she is a recovering substance user, not a current substance user. ↑
42 U.S.C. § 3602(h)(3). ↑
See Campbell v. Minneapolis Pub. Hous. Auth., 168 F.3d 1069 (8th Cir. 1999) (“The MPHA indicated it was denying [Campbell’s] application for the following reasons: . . . you have recently used illicit drugs and have a problem with alcohol.”). ↑
See United States v. S. Mgmt. Corp., 955 F.2d 914, 916 (4th Cir. 1992) (finding a private apartment complex to have violated the FHA by refusing to rent units to a community drug and alcohol rehabilitation board for its participants who had remained drug-free for one year). ↑
Consumer Financial Protection Bureau, What is a Credit Report?, http://www.consumerfinance.gov/askcfpb/309/what-is-a-credit-report.html . ↑
S.F. POLICE CODE, Art. 49, San Francisco’s Fair Chance Ordinance. ↑
A housing provider may run a criminal history/background check report at the same time as it runs a rental or credit history check, BUT it may not look at the report before determining if the applicant is qualified to live in the housing unit. ↑
S.F. Police Code, Art. 49, § 4907(b). ↑
S.F. Police Code, Art. 49, § 4907(c). ↑
S.F. Police Code, Art. 49, §§ 4906, 4907. ↑
S.F. Police Code, Art. 49, § 4903. ↑
S.F. Police Code, Art. 49, § 4903. ↑
S.F., Cal., Police Code, Art. 49, § 4911(a). ↑
How to File a Discrimination Complaint in Employment, Housing or Public Accommodation, City and Cnty. of San Francisco, Human Rights Commission, http://sf-hrc.org/how-file-discrimination-complaint-employment-housing-or-public-accommodation . ↑
S.F., Cal., Police Code, Art. 49, § 4909(a). ↑
42 U.S.C. § 3601-3619. ↑
42 U.S.C. § 3610(f). ↑
Please note that the DFEH complaint process was changed starting in 2013. Previously, the Department would issue an accusation after determining that the landlord discriminated against you. You then had the right to choose between an administrative hearing before an administrative law judge, or a civil lawsuit in court. Starting in 2013, the accusation and administrative hearing option were eliminated, so DFEH must automatically file a civil lawsuit if it finds that you were discriminated against. Cal. Gov’t. Code § 12981 (effective Jan. 1, 2004–Dec. 31, 2012), repealed by 2012 Cal. Legis. Ch. 46 § 56 (S.B. 1038) (effective Jan. 1, 2013). For more information on these changes, see Phyllis W. Cheng, Transformative Year for Civil Rights in CA, Los Angeles Daily Journal, Aug. 2, 2012. ↑
Cal. Gov’t Code § 12980(a). ↑
2 Cal. Code Regs. §§ 10035, 10037. ↑
2 Cal. Code Regs. §§ 10038. ↑
2 Cal. Code Regs. §§ 10036; 10038(f), (g), (i). If the Department decides not to accept your complaint, you can still file a lawsuit on your own in court. ↑
2 Cal. Code Regs. § 10053. ↑
2 Cal. Code Regs. § 10055. The landlord can wait to respond if you begin mediation to resolve the complaint. ↑
Cal. Gov’t Code § 12980(e), (f). ↑
2 Cal. Code Regs. § 10056-57. ↑
See Housing Complaint Process, Cal. Dep’t of Fair Empl. & Hous., http://www.dfeh.ca.gov/Complaints_hCompProc.htm . ↑
Cal. Gov’t Code § 12980(h); 2 Cal. Code Regs. § 10064. DFEH must give you this notice within 30 days after (1) deciding not to file a lawsuit, or (2) 100 days passes, whichever comes first. When deciding whether to file a civil lawsuit, the Department will consider the following factors: (1) whether there is strong evidence of discrimination; (2) whether a lawsuit is likely to be successful; (3) whether the discrimination involves an important legal issue for establishing new caselaw; (4) whether the lawsuit and its impact on civil rights are consistent with DFEH’s mission; and/or (5) whether landlord offered to resolve the issue directly and you refused. 2 Cal. Code Regs. § 10063(c). ↑
Cal. Gov’t. Code § 12989.2. ↑
Cal. Dept. of Fair Employment & Housing, Housing, Public Accommodations & Hate Violence Flowchart (Dec. 1, 2014), http://www.dfeh.ca.gov/Complaints_HousFlowChart.htm . ↑
42 U.S.C. § 3610(a)(1)(A)(i). ↑
42 U.S.C. § 3610(a)(1)(B)(iv), (g)(1). ↑
42 U.S.C. § 3610(b). ↑
42 U.S.C. § 3610(e). ↑
42 U.S.C. § 3610(g)(2)(C). ↑
42 U.S.C. § 3610(g)(3). ↑
42 U.S.C § 3613(a); Cal. Gov’t Code § 1289.1. ↑
See Cal. Civ. Proc. Code § 338(a). DFEH states that the Unruh Act has a three-year limitation period if filed as a private lawsuit (“Highlights of Differences Between State and Federal Housing Laws,” May 20, 1993), but see Mitchell v. Yu Sung, 816 F. Supp. 597 (1993) (court applied a one-year limitation period). ↑
42 U.S.C. § 3613(c); Cal. Gov’t Code § 12989.2. ↑
42 U.S.C. § 3614(a). ↑
Cal. Gov’t Code § 12989.3. ↑
Cal. Gov’t Code § 12989(c). California Government Code Section 12981.1 permits DFEH to dismiss a complaint only if “no reasonable cause exists to believe that an unlawful housing practice” has occurred. California Government Code Sections 12980(d) and 12981(g) ensure that complainants are notified of the limited availability of damages in administrative proceedings. ↑
Cal. Gov’t Code § 12989.3. ↑
See Cal. Civ. Proc. Code § 527.6. ↑
See Online Resource for California Benefits, http://www.benefitscal.org/ . ↑
See Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/cdssweb/PG132.htm . ↑
See Cal. Medicaid-Marketplace Overview, Medicaid.gov, http://www.medicaid.gov/Medicaid-CHIP-Program-Information/By-State/california.html . ↑
See County Human Services Agencies, Cnty. Welfare Dir’s. Ass’n of Cal., http://www.cwda.org/links/chsa.php . ↑
See County Human Services Agencies, Cnty. Welfare Dir’s. Ass’n of Cal., http://www.cwda.org/links/chsa.php . ↑
See County Human Services Agencies, Cnty. Welfare Dirs. Ass’n of Cal., http://www.cwda.org/links/chsa.php . ↑
See General Relief Policy, Cnty. of Los Angeles, http://dpss.lacounty.gov/dpss/gr/pdf/general_relief_policy.pdf . ↑
See Find a Lawyer or Court Program, LawHelpCA.org, http://lawhelpca.org/find-legal-help . ↑
22 CCR § 50197(a)(2). ↑
22 CCR § 50148; 22 CCR § 50161. ↑
See California Work Opportunity and Responsibility to Kids (CalWORKs), Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/calworks/ . ↑
See Office of Family Assistance. Temporary Assistance for Needy Families (TANF) program, http://www.acf.hhs.gov/programs/ofa/programs/tanf/about . ↑
See Cal. Welf. & Inst. Code § 11000. The California Department of Social Services interprets these laws through All County Letters and its Manual of Policy and Procedures, Divisions 40-45, and 80-82. ↑
See California Work Opportunity and Responsibility to Kids (CalWORKs), Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/calworks/ ; see also Cal. Welf. & Inst. Code § 112201. ↑
See Cal. Welf. & Inst. Code § 11104; see also SHD Paraphrased Regulations: Citizenship-Aliens-Residency, http://www.dss.cahwnet.gov/shd/res/pdf/ParaRegs-CalWORKs-Citizenship-Aliens-Residency.pdf . ↑
Cal. Welf. & Inst. Code § 11250. ↑
CalWORKs: FAQs, Disability Benefits 101: Working with a Disability in California, http://101.org/ca/programs/income_support/calworks/program2.htm . ↑
See Glossary: Minimum Basic Standards of Adequate Care, Disability Benefits 101: Working with a Disability in California, http://ca.db101.org/glossary_item.aspx?item-id=1372 (This limit is also called a “needs standard” or “Minimum Basic Standard of Adequate Care”). ↑
See CalWORKs: FAQs, Disability Benefits 101: Working with a Disability in California, http://ca.db101.org/glossary_item.aspx?item-id=763 . ↑
CalWORKs: FAQs, Disability Benefits 101: Working with a Disability in California, http://ca.db101.org/ca/programs/income_support/calworks/faqs.htm#_q1404 . ↑
CalWORKs: FAQs, Disability Benefits 101: Working with a Disability in California, http://ca.db101.org/ca/programs/income_support/calworks/faqs.htm#_q1404 . ↑
How to Apply for CalFresh Benefits, Formerly Known as Food Stamps, Cal. Dep’t of Soc. Servs., http://www.dss.cahwnet.gov/foodstamps/PG847.htm . ↑
42 U.S.C. § 608(a)(9)(A). ↑
See CalWORKS Handbook: Intentional Program Violations, Cnty. of Santa Clara, http://www.sccgov.org/ssa/afdc/afchap53.pdf . ↑
See CalWORKS Handbook: Intentional Program Violations, Cnty. of Santa Clara, http://www.sccgov.org/ssa/afdc/afchap53.pdf . ↑
See Cal. DSS ACL No. 13-70, available at http://www.dss.cahwnet.gov/lettersnotices/EntRes/getinfo/acl/2013/13-70.pdf ; California Work Opportunity and Responsibility to Kids (CalWORKs), Cal. Dep’t of Soc. Servs., California DHSS ACL No. 14-78, http://www.cdss.ca.gov/lettersnotices/entres/getinfo/acl/2014/14-78.pdf ; see also The Consequences of Criminal Proceedings, Bronx Defenders, http://www.reentry.net/ny/library/attachment.256160 . ↑
California Work Opportunity and Responsibility to Kids (CalWORKs), Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/lettersnotices/entres/getinfo/acl/2014/14-78.pdf (“Fleeing felon” is a legal term for someone “fleeing to avoid prosecution, or custody or confinement after conviction” for a felony offense); see also 42 U.S.C.§ 1382(e)(4); 42 U.S.C. § 402(x)(I)(A); The Consequences of Criminal Proceedings, Bronx Defenders, http://www.reentry.net/ny/library/attachment.256160 . ↑
See Cal. Welf. & Inst. Code §§ 11251.3, 17012.50. ↑
CalWORKs: FAQs, Disability Benefits 101: Working with a Disability in California, http://ca.db101.org/glossary_item.aspx?item-id=6521 . ↑
CalWORKs: FAQs, Disability Benefits 101: Working with a Disability in California, http://ca.db101.org/ca/programs/income_support/calworks/faqs.htm#_q1395 . ↑
California Work Opportunity and Responsibility to Kids (CalWORKs), Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/cdssweb/PG141.htm ; see also Cal. Welf. & Inst. Code § 11320.1. ↑
California Work Opportunity and Responsibility to Kids (CalWORKs), Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/cdssweb/PG78.htm , http://www.dss.cahwnet.gov/shd/res/pdf/paraRegs-CalWORKs-Special-Programs.pdf ; CalWORKs: FAQs, Disability Benefits 101: Working with a Disability in California, http://ca.db101.org/ca/programs/income_support/calworks/program2b.htm ; CalWORKs, Alameda Soc. Servs., http://www.alamedasocialservices.org/public/services/financial_assistance/calWorks_eligibility.cfm . ↑
42 U.S.C. § 608(a)(1). ↑
California Electronic Benefit (EBT) Card, State of Cal. Health and Human Servs. Agency, http://www.cdss.ca.gov/cdssweb/entres/forms/English/Pub387.pdf . ↑
CalWORKs: FAQs, Disability Benefits 101: Working with a Disability in California, http://ca.db101.org/ca/programs/income_support/calworks/program2.htm . ↑
CalWORKs: The Details, Disability Benefits 101: Working with a Disability in California, http://ca.db101.org/ca/programs/income_support/calworks/program2c.htm ; see also CalWORKs: FAQs, Disability Benefits 101: Working with a Disability in California, http://ca.db101.org/ca/programs/income_support/calworks/faqs.htm#_q1404 . ↑
Reporting Changes for CalWORKs and CALFRESH, State of Cal. Health & Human Servs., http://www.cdss.ca.gov/cdssweb/entres/forms/English/AR2.pdf ; To view a copy of the SAR 7 form, please visit: http://www.ladpss.org/dpss/forms_library/form.cfm?id=2265&file=CWCF SAR Flyer ENG (ag 051513).pdf . ↑
CalWORKs: The Details, Disability Benefits 101: Working with a Disability in California, http://ca.db101.org/ca/programs/income_support/calworks/program2.htm . ↑
Application for CALFRESH BENEFITS, State of Cal. Health and Human Servs. Agency, http://www.cdss.ca.gov/cdssweb/entres/forms/English/CF285.pdf ; 7 C.F.R. § 273.15(h); M.P.P. § 22-004.1, 63-804.3. ↑
Application for CALFRESH BENEFITS, State of Cal. Health and Human Servs. Agency, http://www.cdss.ca.gov/cdssweb/entres/forms/English/CF285.pdf ; see also Appeals/Fair Hearings, Alameda Soc. Servs., http://www.alamedasocialservices.org/public/services/appeals/index.cfm . ↑
Requesting a Fair Hearing, Cal. Guide to Food Benefits, http://foodstamPGuide.org/requesting-a-fair-hearing/ . ↑
7 C.F.R. § 273.15(i)(1); M.P.P. § 22-004.211; Requesting a Fair Hearing, Cal. Guide to Food Benefits, http://www.cdss.ca.gov/cdssweb/entres/forms/English/CF285.pdf . ↑
See Supplemental Nutrition Assistance Program (SNAP), U.S. Dep’t of Agric. Food & Nutrition Serv., http://www.fns.usda.gov/snap/supplemental-nutrition-assistance-program-snap . ↑
See Food Stamps Regulation Eligibility Standards, Cal. Dep’t of Soc. Servs., http://www.calfresh.ca.gov/entres/getinfo/pdf/fsman4a.pdf . ↑
M.P.P. § 63-402.1; 7 C.F.R. § 273.1(a)(3). ↑
See Eligibility and Issuance Requirements, Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/foodstamps/PG841 . ↑
See Eligibility and Issuance Requirements, Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/foodstamps/PG841 . ↑
See Supplemental Nutrition Assistance Program (SNAP), U.S. Dep’t of Agric. Food & Nutrition Serv., http://www.fns.usda.gov/snap/fact-sheet-resources-income-and-benefits . ↑
Overview of the Application Process: CalFresh Handbook, Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/calfreshoutreach/res/Toolkit/Handbook-GeneralMarket/GeneralMarketHandbook_CH5_OverviewoftheApplicationProcess.pdf . ↑
“Fleeing felon” is a legal term for someone “fleeing to avoid prosecution, or custody or confinement after conviction” for a felony offense. See 42 U.S.C. §§ 1382(e)(4), 402(x)(I)(A); see also Bronx Defenders, The Consequences of Criminal Proceedings, http://www.reentry.net/ny/library/attachment.256160 . ↑
42 U.S.C. § 608(a)(9)(A). ↑
7 C.F.R. § 273.16(b) ↑
Application for CalFresh Benefits, State of Cal., Health and Human Servs. Agency, http://www.cdss.ca.gov/cdssweb/entres/forms/English/CF285.pdf . ↑
See Cal. Welf. & Inst. Code §§ 11251.3, 17012.50. ↑
County Welfare Department List, Cal. Dep’t of Soc. Servs., http://www.calfresh.ca.gov/PG839.htm . ↑
Food Stamps (now called Supplemental Nutrition Assistance Program), Judge David L. Bazelon Center for Mental Health Law, http://www.bazelon.org . ↑
When the county social services department receives your application, it must make a decision about your eligibility within 30 days of receiving your application. 7 C.F.R. § 273.2. If your release date is more than 30 days away, the social services department will not be able to verify your eligibility in time, so it will deny your application. Telephone call with Danielle Llewellyn, CalFresh Specialist, Alameda County Social Services Agency, Apr. 20, 2015. ↑
Telephone call with Danielle Llewellyn, CalFresh Specialist, Alameda County Social Services Agency, Apr. 20, 2015. ↑
Application for CalFRESH, Cash Aid, and/or Medi-Cal/Health Programs, State of Cal. Health & Human Servs., Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/cdssweb/entres/forms/English/SAWS2PLUS.pdf . ↑
See Eligibility and Issuance Requirements, Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/foodstamps/PG841.htm . As always, contact your county CalFresh office or an advocate should you have any questions regarding CalFresh benefits. Many thanks to Liz Gomez, CalFresh Outreach Manager at the Alameda County Community Food Bank, for her advice and feedback regarding the CalFresh application process. ↑
Common-Place Handbook, Cal. Dep’t of Soc. Servs., http://www.sccgov.org/ssa/cp/cpchap16.pdf . ↑
Exceptions: M.P.P. § 63-407.21(b)-(f); 63-406.1; see Eligibility and Issuance Requirements, Cal. Dep’t of Soc. Servs., http://www.calfresh.ca.gov/PG841.htm , http://foodstamPGuide.org/work-requirements-overview/ . ↑
Eligibility and Issuance Requirements, Cal. Dep’t of Soc. Servs., http://www.calfresh.ca.gov/PG841.htm . ↑
To view a copy of the SAR 7 form, please visit: http://www.dss.cahwnet.gov/cdssweb/entres/forms/English/SAR7.pdf . ↑
7 C.F.R. 273.14(b); M.P.P. § 63-504.61(a); Overview of the Application Process: CalFresh Handbook, Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/calfreshoutreach/res/Toolkit/Handbook-GeneralMarket/GeneralMarketHandbook_CH5_OverviewoftheApplicationProcess.pdf . ↑
7 C.F.R. § 273.15(h); MPP §§ 22-004.1, 63-804.3.Overview of the Application Process: CalFresh Handbook, Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/calfreshoutreach/res/Toolkit/Handbook-GeneralMarket/GeneralMarketHandbook_CH5_OverviewoftheApplicationProcess.pdf . ↑
Overview of the Application Process: CalFresh Handbook, Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/calfreshoutreach/res/Toolkit/Handbook-GeneralMarket/GeneralMarketHandbook_CH5_OverviewoftheApplicationProcess.pdf . ↑
Requesting a Fair Hearing, Cal. Guide to Food Benefits, http://foodstamPGuide.org/requesting-a-fair-hearing/ . ↑
Requesting a Fair Hearing, Cal. Guide to Food Benefits, http://foodstamPGuide.org/requesting-a-fair-hearing/ . ↑
7 C.F.R. § 273.15(i)(1); MPP § 22-004.211; Requesting a Fair Hearing, Cal. Guide to Food Benefits, http://foodstamPGuide.org/requesting-a-fair-hearing . ↑
Emergency Food Assistance Program (EFAP), Cal. Dep’t of Soc. Servs. Health & Human Servs. Agency, http://www.dss.cahwnet.gov/efap/ , http://www.fns.usda.gov/tefap/emergency-food-assistance-program-tefap . The laws governing EFAP in California are: 7 C.F.R. 250, 7 C.F.R. 251. You can find links to these laws and to the EFAP Policy & Procedures at: http://www.dss.cahwnet.gov/efap/PG1905.htm. ↑
Emergency Food Assistance Program (EFAP) 2014 Income Guidelines, Cal. Dep’t of Soc. Servs. Health & Human Servs. Agency, http://www.cdss.ca.gov/cdssweb/entres/forms/English/EFA14.pdf ; See also Emergency Food Assistance Program (EFAP) Procedure Manual, Cal. Dep’t of Soc. Servs. Health & Human Servs. Agency, http://www.dss.cahwnet.gov/efap/res/pdf/ProcedureManual.pdf ↑
Women, Infants, and Children, Cal. Dep’t of Public Health, http://www.cdph.ca.gov/programs/wicworks/Pages/AboutWICandHowtoApply.aspx . ↑
Women, Infants, and Children, Cal. Dep’t of Public Health, http://www.cdph.ca.gov/programs/wicworks/Pages/AboutWICandHowtoApply.aspx . ↑
Mental Health & Substance Abuse Coverage, HealthCare.gov, https://www.healthcare.gov/coverage/mental-health-substance-abuse-coverage/ . ↑
Affordable Care Act, http://www.hhs.gov/healthcare/rights/law/index.html . Read information about the ACA: http://files.medi-cal.ca.gov/pubsdoco/aca/aca_home.asp . See also https://www.blueshieldca.com/bsca/documents/about-blue-shield/health-reform/COVEREDCA_FAQs_092413.pdf . ↑
Estelle v. Gamble, 429 U.S. 97, 103 (1976); Brown v. Plata, 131 S. Ct. 1910, 1928 (2011) (“Prisoners retain the essence of human dignity inherent in all persons. Respect for that dignity animates the Eighth Amendment prohibition against cruel and unusual punishment . . . A prison that deprives prisoners basic sustenance, including adequate medical care, is incompatible with the concept of human dignity and has no place in civilized society.”); see also Know Your Rights: Medical, Dental, and Mental Healthcare, ACLU National Prison Project, https://www.aclu.org/files/assets/know_your_rights_--_medical_mental_health_and_dental_july_2012.pdf . ↑
Frequently Asked Questions, Covered California, https://www.coveredca.com/faqs/Medi-Cal/ . ↑
How to Apply, Covered California, http://www.coveredca.com/apply/ ; see also How the Affordable Care Act Impacts Immigrant and Migrant Populations in California, American Civil Liberties Union, https://www.aclusandiego.org/wp-content/uploads/2014/05/ACAs-Impact-on-Immigrants-CA-final-5-12-14.pdf . ↑
At the time of production of this Manual, California Centers for Medicare & Medicaid Services (CMS), was engaged in the process of drafting new rules that would allow for applications prior to some “qualifying life events,” including release from incarceration. But this proposed rule is not currently in effect. ↑
Check Medical Eligibility, CalQuality.org, http://www.calqualitycare.org/learn/nursing-homes/pay/medical . ↑
The fee is either a flat dollar amount or a percent of your household income—whichever is greater. The fee is set to increase each year from 2014 to 2016. The fee amount you must pay is based on how many months you go without health care during the year. For every month you aren’t enrolled in health care, you owe 1/12th of the annual penalty fee. But note: As explained below, the law gives you a free pass for periods that are shorter than 3 months back-to-back. Covered California, https://www.coveredca.com/faqs/Tax-Penalty/#102 . ↑
Frequently Asked Questions, Covered California, https://www.coveredca.com/faqs/Tax-Penalty/#102 . Only the amount of income above the tax filing threshold—about $10,000 for an individual—is used to calculate this penalty. For more information, please visit: https://www.healthcare.gov/fees-exemptions/fee-for-not-being-covered/ . The amount for child under 18 is $4,750. The maximum penalty per family is $285. For more information, please visit: https://www.healthcare.gov/fees-exemptions/fee-for-not-being-covered/ . The amount per child under 18 is $162.50. The maximum penalty per family is $975. After 2015, the shared responsibility fee will increase to 2.5% of income of $695 per person in 2016. Only the amount of income above the tax-filing threshold, about $10,000 for an individual, is used to calculate this penalty. For more information please visit: https://www.healthcare.gov/fees-exemptions/fee-for-not-being-covered/ . ↑
Frequently Asked Questions, Covered California, https://www.coveredca.com/faqs/Tax-Penalty/#102 , www.healthcare.gov/fees-exemptions/exemptions-from-the-fee/ . ↑
Covered California, https://www.coveredca.com/faqs/Tax-Penalty/#102 , www.healthcare.gov/fees-exemptions/exemptions-from-the-fee/ . For detailed lists of non-citizen categories who are “qualified” to get health care through Covered California, see: http://www.bia.gov/WhoWeAre/BIA/OIS/TribalGovernmentServices/TribalDirectory/ . If you are not a citizen and you are not on these lists, you qualify for an exemption. ↑
For details about the filing requirement, see: http://www.irs.gov/pub/irs-pdf/p501.pdf . ↑
Tax Penalty, Covered California, https://www.coveredca.com/faqs/Tax-Penalty/#102 , www.healthcare.gov/fees-exemptions/exemptions-from-the-fee/ . A federally recognized tribe is “any Indian or Alaska Native tribe, band, nation, pueblo, village or community that the Department of the Interior acknowledges to exist as an Indian tribe.” https://www.healthcare.gov/glossary/federally-recognized-tribe . For a current list of recognized tribes, see: http://www.bia.gov/WhoWeAre/BIA/OIS/TribalGovernmentServices/TribalDirectory/ . ↑
If you don’t enroll during this period, you may not be able to find a private plan that can cover you (and you may have to pay the shared responsibility fee). ↑
For more information and a chart detailing Medi-Cal income guidelines, please visit: Covered California, https://www.coveredca.com/ShopAndCompare/2015/—incomeGuidelines . ↑
Covered California, https://www.coveredca.com/faqs/special-enrollment/ , https://www.healthcare.gov/coverage-outside-open-enrollment/your-options/ . ↑
Medi-Cal, Covered California, http://www.coveredca.com/medi-cal/ . ↑
About Us, Covered California, https://www.coveredca.com/about/ . ↑
Blue Shield California, https://www.blueshieldca.com/bsca/documents/about-blue-shield/health-reform/COVEREDCA_FAQs_092413.pdf , https://www.healthcare.gov/glossary/special-enrollment-period/ ↑
Special Enrollment Period, Healthcare.gov, https://www.healthcare.gov/sep-list/ ↑
Covered California, http://www.coveredca.com/individuals-and-families/getting-covered/special-enrollment/qualifying-life-events/ . ↑
For more information on qualifying life events for special enrollment available at, Special Enrollment Period, Healthcare.gov, https://www.healthcare.gov/coverage-outside-open-enrollment/special-enrollment-period/ . ↑
Special Enrollment Period, Healthcare.gov, https://www.healthcare.gov/sep-list/ . ↑
A list of county offices is available here: http://www.dhcs.ca.gov/services/medi-cal/Pages/CountyOffices.aspx . ↑
How to Apply, Covered California, http://www.coveredca.com/apply/ . ↑
Frequently Asked Questions, Covered California, https://www.coveredca.com/faqs/about/ . ↑
Frequently Asked Questions, Covered California https://www.coveredca.com/faqs/about/ . ↑
Applying for Coverage, Affordable Health Care, http://affordablehealthca.com/applying-for-coverage/ . ↑
Frequently Asked Questions, Covered California, http://www.coveredca.com/faqs/special-enrollment/ , www.healthconsumer.org . ↑
How to Apply, Covered California, http://www.coveredca.com/apply/ . If you want to buy a health plan without trying to get tax credits, you just need to provide SSNs for all family member. Enrollment and Eligibility, Covered California, https://www.coveredca.com/faqs/Enrollment-and-Eligibility/ . ↑
How to Apply, Covered California, http://www.coveredca.com/apply/ . ↑
http://www.ice.gov/doclib/ero-outreach/pdf/ice-aca-memo.pdf . ↑
For a full list of documents you can use to verify your income, See Accepted Income Documents, Covered California http://www.coveredca.com/PDFs/Accepted-Income-Documents.pdf Note: Even if you don’t file taxes, you can still qualify for free or low-cost health insurance through Medi-Cal. To learn about signing up for Medi-Cal, go to PG. 496. http://www.coveredca.com/apply/ . ↑
How to Apply, Covered California, http://www.coveredca.com/apply/ . ↑
Note: These special rules do not apply to you if you are on probation, parole, or home confinement; or if you are being “detained pre-trial”—in other words, being held in jail or prison but have not yet been convicted of a crime. Incarcerated People, HealthCare.gov, https://www.healthcare.gov/incarcerated-people/ , http://www.safeandjust.org/resources/HealthEnrollmentToolkit . Also, please note that at the time of production of the “Roadmap to Reentry: A California Legal Guide,” the California Centers for Medicare & Medicaid Services (CMS) was drafting new rules that would allow for applications prior to some “qualifying life events,” including release from incarceration. But this proposed rule is not currently in effect. ↑
Incarcerated People, HealthCare.gov, https://www.healthcare.gov/incarcerated-people/ . ↑
Exception: You may use health care while incarcerated for the purpose of paying for medical expenses occurred during an inpatient stay in a non-correctional health facility (such as a hospital), if that stay lasts longer than 24 hours. For more information, please visit: http://www.dhcs.ca.gov/services/medi-cal/eligibility/Documents/MC Inmate Eligibility Program.pdf . ↑
Note: You are not considered “incarcerated,” if you are on probation, parole, on home confinement; or if you are being detained while you await trial. See Incarcerated People, HealthCare.gov, https://www.healthcare.gov/incarcerated-people/ . ↑
Incarcerated People, HealthCare.gov, https://www.healthcare.gov/incarcerated-people/ . ↑
What is Medi-Cal, Cal. Dep’t of Health Servs., http://www.dhcs.ca.gov/Services/medi-cal/pages/whatismedi-cal.aspx . ↑
Many thanks to Kellen Russoniello of the ACLU of San Diego and Imperial Counties, California for his feedback and contributions do this manual. ↑
If you’re a legally present non-citizen (“lawful permanent resident,” “green card holder”) with limited income, you may qualify for partial or full Medi-Cal coverage—depending on the details of your status and your exact income. If you’re not lawfully present (i.e. undocumented), you may be able to get Medi-Cal coverage for emergencies or pregnancies, but not full Medi-Cal coverage. Medi-Cal: The Details, Disability Benefits 101, http://ca.db101.org/ca/programs/health_coverage/medi_cal/program2.htm . ↑
Do You Qualify for Medi-Cal, State of Cal. Health & Human Servs. Dep’t of Healthcare Servs. http://www.dhcs.ca.gov/services/medi-cal/Pages/DoYouQualifyForMedi-Cal.aspx . ↑
Check Medi-Cal Eligibility, CalQualityCare.org, http://www.calqualitycare.org/learn/nursing-homes/pay/medical . ↑
Or, if you have Internet access and a printer, download and print it at How to Apply, Covered California, http://www.coveredca.com/apply/ . ↑
Check Medi-Cal Eligibility, CalQualityCare.org, http://www.calqualitycare.org/learn/nursing-homes/pay/medical . Online listing available here: http://www.dhcs.ca.gov/services/medi-cal/Pages/CountyOffices.aspx . ↑
Check Medi-Cal Eligibility, CalQualityCare.org, http://www.calqualitycare.org/learn/nursing-homes/pay/medical . ↑
22 C.C.R. § 50148(b). ↑
You can get the paper application at your local county social services office, or online at How to Apply, Covered California, http://www.coveredca.com/apply/ . ↑
The online application requires moving through about 70 web pages. Covered California has said that applying online takes about 30 minutes, but the total time will depend on how many household members you’re applying for. Applying for ObamaCare, Affordable Health California, http://affordablehealthca.com/applying-for-coverage/ . ↑
A list of county offices is available here: http://www.dhcs.ca.gov/services/medi-cal/Pages/CountyOffices.aspx . ↑
How to Apply, Covered California, http://www.coveredca.com/apply/ . ↑
Frequently Asked Questions, Covered California, https://www.coveredca.com/faqs/about/ ; How to Apply, Covered California, http://www.coveredca.com/apply/ . ↑
Frequently Asked Questions, Covered California, https://www.coveredca.com/faqs/about/ ; How to Apply, Covered California, http://www.coveredca.com/apply/ . ↑
Applying for ObamaCare, Affordable Health California, http://affordablehealthca.com/applying-for-coverage/ ↑
For more information, please visit: http://www.coveredca.com/get-help/local/—null . ↑
ACWDL 13-18: Medi-Cal & Related Programs for State & County Inmates, Cal. Health & Human Servs. Agency Dep’t of Health Care Servs., http://www.dhcs.ca.gov/services/medi-cal/eligibility/Documents/13-18.pdf ; ACWDL 14-24: State Inmate Pre-Release Medi-Cal Application Process, http://www.dhcs.ca.gov/services/medi-cal/eligibility/Documents/ACWDL2014/14-24.pdf ; ACWDL 14-26: Implementation of AB 720—Suspension of Medi-Cal Benefits for all Inmates & Other Requirements, State of Cal. Health & Human Servs. Dep’t of Healthcare Servs., http://www.dhcs.ca.gov/services/medi-cal/eligibility/Documents/ACWDL2014/14-26.pdf . ↑
Medi-Cal Eligibility, State of Cal. Health & Human Servs. Dep’t of Healthcare Servs., http://www.dhcs.ca.gov/services/medi-cal/eligibility/Documents/c09-16.pdf . ↑
State Inmate Pre-Release Medi-Cal Application Process, State of Cal. Health & Human Servs. Dep’t of Healthcare Servs., http://www.dhcs.ca.gov/services/medi-cal/eligibility/Documents/ACWDL2014/14-24.pdf . ↑
Health Coverage Enrollment of California’s Local Criminal Justice Population, Safeandjust.org, http://libcloud.s3.amazonaws.com/211/ac/6/484/CountyEnrollmentSurvey_singles.pdf , Medi-Cal Enrollment of County Jail and Probation Populations, Dep’t of Health Care Servs., Sept. 10, 2014, http://www.counties.org/sites/main/files/file-attachments/0910_medical_enrollment_webinar_slides_0.pdf . ↑
AB 720; ACWDL 13-18: Medi-Cal & Related Programs for State & County Inmates, http://www.dhcs.ca.gov/services/medi-cal/eligibility/Documents/13-18.pdf ; ACWDL 14-26: Implementation of AB 720—Suspension of Medi-Cal Benefits for all Inmates & Other Requirements, State of Cal. Health & Human Servs. Dep’t of Healthcare Servs., http://www.dhcs.ca.gov/services/medi-cal/eligibility/Documents/ACWDL2014/14-26.pdf ; Public Policy Institute of California, Health Care for California’s Jail Population (June 2014), http://www.ppic.org/content/pubs/report/R_614MBR.pdf . ↑
See All Counties Letter 11-27, dated June 24, 2011, State of Cal. Health & Human Servs., http://www.dhcs.ca.gov/services/medi-cal/eligibility/Documents/c11-27.pdf . ↑
AB 720, Statutes of 2013, Chapter 646; Penal Code § 4011.11; Cal. Welf. & Inst. Code § 14011.10; see also ACWDL 13-18: Medi-Cal and Related Programs for State & County Inmates, Cal. Health & Human Servs. Agency Dep’t of Health Care Servs., http://www.dhcs.ca.gov/services/medi-cal/eligibility/Documents/13-18.pdf ; ACWDL 14-24: State Inmate Pre-Release Medi-Cal Application Process, http://www.dhcs.ca.gov/services/medi-cal/eligibility/Documents/ACWDL2014/14-24.pdf ; ACWDL 14-26: Implementation of AB 720—Suspension of Medi-Cal Benefits for all Inmates & Other Requirements, Cal. Health & Human Servs. Agency Dep’t of Health Care Servs. http://www.dhcs.ca.gov/services/medi-cal/eligibility/Documents/ACWDL2014/14-26.pdf . ↑
But if you become ineligible for some reason before 1 year passes (for example: your income increases beyond the limit allowed for Medi-Cal), your Medi-Cal may be terminated (ended) while you’re incarcerated. ↑
AB 720, Statutes of 2013, Chapter 646; Cal. Penal Code § 4011.11; Cal. Welf. & Inst. Code § 14011.10; see also: ACWDL 13-18: Medi-Cal & Related Programs for State & County Inmates, Cal. Health & Human Servs. Agency Dep’t of Health Care Servs., http://www.dhcs.ca.gov/services/medi-cal/eligibility/Documents/13-18.pdf ; ACWDL 14-24: State Inmate Pre-Release Medi-Cal Application Process, Cal. Health & Human Servs. Agency Dep’t of Health Care Servs., http://www.dhcs.ca.gov/services/medi-cal/eligibility/Documents/ACWDL2014/14-24.pdf ; ACWDL 14-26: Implementation of AB 720—Suspension of Medi-Cal Benefits for all Inmates & Other Requirements, Cal. Health & Human Servs. Agency Dep’t of Health Care Servs. http://www.dhcs.ca.gov/services/medi-cal/eligibility/Documents/ACWDL2014/14-26.pdf . ↑
A Manual on SSI/SSDI for Prisoners & Their Advocates (2004), Legal Servs. for Prisoners with Children, www.prisonlegalnews.org/media/publications/manual_on_social_security_beneits_for_prisoners.pdf ; ↑
Cal. Welf. & Inst. Code §§ 14011.10, 14005.37, 14053.7, 14053.8; 22 C.C.R. § 50179. ↑
Medicare, Judge David L. Bazelon Center for Mental Health Law, http://www.bazelon.org/Where-We-Stand/Access-to-Services/Medicare.aspx . ↑
Medicare, Legal Services of Northern California, http://health.lsnc.net/medicare/ . ↑
Some services may only be covered in certain places, or for patients with certain conditions. What Medicare Covers, Medicare.gov, http://www.medicare.gov/what-medicare-covers/ . ↑
This includes hospital care, skilled nursing facility care, nursing home care, hospice care, and home health services. What Part A Covers, Medicare.gov, http://www.medicare.gov/what-medicare-covers/part-a/what-part-a-covers.html , Medicare Part A, Cal. Health Advocates http://www.cahealthadvocates.org/basics/partA.html ↑
Part B covers 2 types of services: medically necessary services that are needed to diagnose or treat a medical condition, and preventive services that help detect and prevent illnesses. This includes doctors’ visits, lab tests, ambulance services, mental health care, and certain medical supplies. Medicare Part B http://www.medicare.gov/what-medicare-covers/part-b/what-medicare-part-b-covers.html , http://www.cahealthadvocates.org/basics/partB.html . ↑
Medicare Part A, Medicare.gov, http://www.medicare.gov/what-medicare-covers/part-a/what-part-a-covers.html ↑
Medicare Part B, Medicare.gov , http://www.medicare.gov/what-medicare-covers/part-b/what-medicare-part-b-covers.html . ↑
Part A costs vary based on how many years you (or your spouse) have paid into the Social Security system. If you have 10+ years of Social Security credit, you can get Part A without paying premiums. http://www.medicare.gov/sign-up-change-plans/decide-how-to-get-medicare/your-medicare-coverage-choices.html#collapse-3135 .; Benefits Summary, Cal. Health Advocates, http://www.cahealthadvocates.org/basics/benefits-summary.html ↑
Medicare Part B, Cal. Health Advocates, http://www.cahealthadvocates.org/basics/partB.html . ↑
The details of MA plans available to you through Part C depend on where you live. Some cover prescription drugs; some don’t. http://www.cahealthadvocates.org/advantage/overview.html . ↑
Extra Help with Part D Costs for People with Low Income, Cal. Health Advocates, http://www.cahealthadvocates.org/drugs/extra-help.html . ↑
Medicare Eligibility: Who is Eligible for Medicare? Kaiser Permanente, https://medicare.kaiserpermanente.org/wps/portal/medicare/plans/learn/eligibility ↑
You can also enroll online using the Medicare Plan Finder: https://www.medicare.gov/find-a-plan/questions/home.aspx . ↑
You can also enroll online using the official Social Security website: http://www.socialsecurity.gov/medicare/apply.html . ↑
If you have permanent kidney failure, you can get Medicare earlier during your first 3 months of dialysis treatment; and other special rules apply to you. If you have Amyotrophic Lateral Sclerosis (“ALS,” or Lou Gehrig’s disease), you’ll be automatically enrolled in Medicare when you start getting SSDI. Contact the Soc. Sec. Admin. at 1-800-722-1213 or visit www.ssa.gov for details about these special kinds of cases. ↑
You can also enroll online using the Medicare Plan Finder: https://www.medicare.gov/find-a-plan/questions/home.aspx . ↑
If You Become Eligible for Medicare While Incarcerated,MedicareInteractive.org, http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&script_id=1783 . ↑
If You Already Have Medicare When You are Incarcerated, MedicareInteractive.org, http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&script_id=1782 . ↑
If You Become Eligible for Medicare While Incarcerated, MedicareInteractive.org, http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&script_id=1783 . ↑
If You Already Have Medicare When You are Incarcerated, MedicareInteractive.org, http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&script_id=1782 . ↑
Medicare Part B Late Enrollment Penalty, MedicareInteractive.org, http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&script_id=316 , http://www.bazelon.org/LinkClick.aspx?fileticket=1OxXzw1kOBc%3d&tabid=353 . ↑
If You Become Eligible for Medicare While Incarcerated,MedicareInteractive.org, http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&script_id=1783 , http://www.bazelon.org/LinkClick.aspx?fileticket=1OxXzw1kOBc%3d&tabid=353 . ↑
http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&script_id=1784 . ↑
If You Become Eligible for Medicare While Incarcerated, MedicareInteractive.org, http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&script_id=1783 http://www.bazelon.org/LinkClick.aspx?fileticket=1OxXzw1kOBc%3d&tabid=353 ↑
If You Already Have Medicare When You are Incarcerated, MedicareInteractive.org, http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&script_id=1782 http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&script_id=1782 ↑
If You Already Have Medicare When You are Incarcerated, MedicareInteractive.org, http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&script_id=1782 http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&script_id=1782 ↑
If you have a Medicare Advantage plan or a Part D plan before your incarceration, Medicare.gov, http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&script_id=1784 ↑
A Manual on SSI/SSDI for Prisoners & Their Advocates (2004), Legal Services for Prisoners with Children, www.prisonlegalnews.org/media/publications/manual_on_social_security_beneits_for_prisoners.pdf ; Your Right to Representation to the Community (2009). ↑
How Do I File An Appeal?, Medicare.gov, http://www.medicare.gov/claims-and-appeals/file-an-appeal/appeals.html ↑
http://www.medicare.gov/claims-and-appeals/file-an-appeal/appointing-a-representative/get-help-filing-an-appeal.html ↑
Available online: http://www.cms.gov/Medicare/CMS-Forms/CMS-Forms/downloads/cms1696.pdf ↑
Can Someone File an Appeal for Me? Medicare.gov, http://www.medicare.gov/claims-and-appeals/file-an-appeal/appointing-a-representative/get-help-filing-an-appeal.html ↑
Check Medi-Cal Eligibility, CalQuality.org, http://www.calqualitycare.org/learn/nursing-homes/pay/medical ↑
Dual Eligibles Fast Facts, CalDuals, http://www.calduals.org/background/fast_facts/ ↑
Fore more information about dual eligibility, please visit: https://kaiserfamilyfoundation.files.wordpress.com/2013/01/4091-08.pdf ↑
For federal law governing this program, see Food and Nutrition Act of 2008, § 6(d); C.F.R. § 273.7. For state regulations governing this program, see the Manual of Policies and Procedures (MPP), Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/cdssweb/PG128.htm ↑
http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0001-0050/sb_43_bill_20111006_chaptered.html ↑
Los Angeles Dep’t of Soc. Servs., http://www.ladpss.org/dpss/WAC/pdf/factsheets/CalFresh%20Fact%20Sheet.pdf . ↑
Welfare-To-Work, Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/cdssweb/PG141.htm , http://www.hud.gov/offices/pih/programs/hcv/wtw/ta/sfCalWORKSFactSheet.pdf ↑
Welfare-To-Work, Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/cdssweb/PG141.htm ↑
See ACL 12-67 available at http://www.dss.cahwnet.gov/lettersnotices/entres/getinfo/acl/2012/12-67.pdf . ↑
Unsubsidized employers do not receive government subsidies (funding) to create an employment position. ↑
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1041 , see also http://www.sccgov.org/ssa/cwes/cwchap01.pdf ↑
Work-To-Work 24 Month Time Limit, CalWORK Employee Services Handbook, http://www.sccgov.org/ssa/cwes/cwchap01.pdf ↑
Welfare-To-Work, Cal. Dep’t of Soc. Servs. http://www.cdss.ca.gov/cdssweb/PG141.htm ↑
Welfare-To-Work, Cal. Dep’t of Soc. Servs. http://www.cdss.ca.gov/cdssweb/PG141.htm ↑
Welfare-To-Work, Cal. Dep’t of Soc. Servs. http://www.cdss.ca.gov/cdssweb/PG141.htm ↑
Welfare-To-Work, Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/cdssweb/PG141.htm ↑
CalWORKs: The Details, Disability Benefits 101, http://ca.db101.org/ca/programs/income_support/calworks/program2c.htm ↑
CalWORKs: The Details, Disability Benefits 101, http://ca.db101.org/ca/programs/income_support/calworks/program2c.htm ↑
Welfare-To-Work, Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/cdssweb/PG141.htm ↑
Also called “FICA” taxes. https://faq.ssa.gov/link/portal/34011/34019/Article/3815/What-are-FICA-and-SECA-taxes . ↑
Your Right to Representation (2011) Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ; What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf . ↑
When to Start Receiving Retirement Benefits, Soc. Sec. Admin., http://www.socialsecurity.gov/pubs/EN-05-10147.pdf . ↑
To find out the full retirement age for your birth year, call the SSA at 1-800-772-1213 or visit the SSA website to See a chart: http://www.socialsecurity.gov/retire2/retirechart.htm . If you decide to start getting retirement benefits earlier, Social Security will reduce the benefit amount you get per month. If you delay getting retirement benefits until age 70 or later, you get a special credit for each month after age 70 that you’re not getting retirement benefits. Your Right to Representation (2011), Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf . ↑
42 U.S.C. § 402(x)(1)(A)(i), as amended by Public Law 106-170; ,Benefits After Incarceration, Soc. Sec. Admin.
http://www.ssa.gov/reentry/
; Your Right to Representation to the Community (2009), Bazelon Center,
http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField=
ProductNumber%2CProductNumber
; Your Right to Representation (2011), Prison Law Office,
http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf
. ”Correctional facility” would include a prison, a jail, or a halfway house controlled by your state’s Department of Corrections.
http://www.ssa.gov/reentry/
.
↑
42 U.S.C. § 402(x)(1)(A)(ii), as amended by Public Law 106-170; Benefits After Incarceration, Soc. Sec. Admin., “
http://www.ssa.gov/reentry/
; Your Right to Representation to the Community (2009), Bazelon Center,
http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField
=ProductNumber%2CProductNumber
.
↑
42 U.S.C. § 1382; Your Right to Representation (2011), Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf . ↑
42 U.S.C. § 1382. See Your Right to Representation (2011), Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ; What Prisoners Need to Know, Soc. Sec. Admin. http://www.ssa.gov/pubs/EN-05-10133.pdf . ↑
Benefits After Incarceration: What You Need to Know, Soc. Sec. Admin. http://www.ssa.gov/reentry/ . ↑
42 U.S.C. § 1382; Your Right to Representation (2011), Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf . ↑
For example, if you were convicted and incarcerated starting on the fifth of the month, the following month’s check, if cashed would be an overpayment. The best way to handle an overpayment is to return the check to SSA. http://www.socialsecurity.gov/pubs/EN-05-10098.pdf . See also, Your Right to Representation to the Community (2009), Bazelon Center, http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField=ProductNumber%2CProductNumber . ↑
Your Right to Representation to the Community (2009), Bazelon Center, http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField=ProductNumber%2CProductNumber . ↑
Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf . ↑
Benefits After Incarceration: What You Need to Know, Soc. Sec. Admin., http://www.ssa.gov/reentry/ ; What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf . ↑
Other Ways to Apply for Benefits, Soc. Sec. Admin., http://www.socialsecurity.gov/info/isba/otherways.htm ↑
See How to Apply Online for Retirement Benefits, Soc. Sec. Admin., http://www.socialsecurity.gov/pubs/EN-05-10523.pdf . ↑
If you complete your application within 60 days of your first call to request materials, the SSA will treat that call as the date of your application. Your Right to Representation (2011), Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf . ↑
Checklist For Online Medicare, Retirement, and Spouses Applications, Soc. Sec. Admin., http://www.socialsecurity.gov/hlp/isba/10/isba-checklist.pdf ↑
Section 504 of the Rehabilitation Act; Your Right to Representation (2011), Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf . ↑
Your Right to Representation, Soc. Sec. Admin., http://www.socialsecurity.gov/pubs/EN-05-10075.pdf . ↑
Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf . ↑
20 C.F.R. § 404.468(a) ↑
Entering the Community After Incarceration—How We Can Help, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10504.pdf ; What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf . ↑
Your Right to Representation (2011), Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf . What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ; Entering the Community After Incarceration—How We Can Help, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10504.pdf . ↑
So, for example, if you were convicted and went to prison or jail on March 3, your benefits would stop on April 2. Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf . ↑
20 C.F.R. § 404.468(a); Benefits After Incarceration: What You Need to Know, Soc. Sec. Admin.,
http://www.ssa.gov/reentry/
; Your Right to Representation to the Community (2009), Bazelon Center,
http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField
=ProductNumber%2CProductNumber
.
↑
What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf . ↑
What Prisoners Need to Know, Bazelon Center, http://www.ssa.gov/pubs/EN-05-10133.pdf . See also Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf . ↑
42 U.S.C. § 402(x)(1)(A)(i); Your Right to Representation to the Community (2009), Bazelon Center,
http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField
=ProductNumber%2CProductNumber
.
↑
See Benefits After Incarceration, Soc. Sec. Admin., http://www.ssa.gov/reentry/ ; Entering the Community After Incarceration—How We Can Help, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10504.pdf . ↑
What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ; Entering the Community After Incarceration—How We Can Help, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10504.pdf . ↑
Your Right to Representation (2011), Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf . What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ; Entering the Community After Incarceration—How We Can Help, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10504.pdf ↑
Your Right to Representation, Soc. Sec. Admin., http://www.socialsecurity.gov/pubs/EN-05-10075.pdf ↑
Benefits After Incarceration, Soc. Sec. Admin. http://www.ssa.gov/reentry/ ; What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ↑
42 U.S.C. § 1382 ↑
What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ↑
Also called “FICA” taxes. What are FICA and SECA taxes? Soc. Sec. Admin., https://faq.ssa.gov/link/portal/34011/34019/Article/3815/What-are-FICA-and-SECA-taxes ↑
Your Right to Representation (2011), Prison Law Office http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ; What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ; Disability Benefits, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10029.pdf . ↑
The law defines “disability” as the inability to do any “substantial gainful activity” due to a “medically determinable physical or mental impairment” that can be expected to result in death or that has lasted (or can be expected to last) for at least 12 months in a row. 20 C.F.R. § 416.905(a); Your Right to Representation (2011), Prison Law Office http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ↑
Disability Benefits, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10029.pdf . If you’re blind or have low vision, special rules govern your eligibility and benefits. 20 C.F.R. § 416.905(b); see 20 C.F.R. §§ 416.981-416.985; Disability Planner, Soc. Sec. Admin., http://www.ssa.gov/dibplan/dqualify8.htm ; Your Right to Representation (2011), Prison Law Office http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ↑
20 C.F.R. § 416.905(a). What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ; Your Right to Representation (2011), Prison Law Office http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ↑
Disability Planner, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10029.pdf ↑
To see detailed work requirements for people who became disabled at different ages, see Disability Planner, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10029.pdf ; ↑
What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ; ↑
42 U.S.C. § 402(x)(1)(A)(i), as amended by Pub. L. 106-170; see Benefits After Incarceration, Soc. Sec. Admin., http://www.ssa.gov/reentry/ ; Your Right to Representation to the Community (2009), Bazelon Center, http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField=ProductNumber%2CProductNumber ; Your Right to Representation (2011), Prison Law Office http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf “Correctional facility” would include a prison, a jail, or a halfway house controlled by your state’s Department of Corrections. Benefits After Incarceration, Soc. Sec. Admin., http://www.ssa.gov/reentry/ . ↑
42 U.S.C. § 402(x)(1)(A)(ii), as amended by Pub. L. 106-170; see Benefits After Incarceration, Soc. Sec. Admin., http://www.ssa.gov/reentry/ ; Your Right to Representation to the Community (2009), Bazelon Center, http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField=ProductNumber%2CProductNumber ↑
42 U.S.C. § 1382; Your Right to Representation (2011), Prison Law Office http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ↑
Benefits After Incarceration: What You Need to Know Soc. Sec. Admin., http://www.ssa.gov/reentry/ ↑
42 U.S.C. § 1382; Your Right to Representation (2011), Prison Law Office http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf . ↑
42 U.S.C. § 423(d)(6)(A). ↑
Your Right to Representation to the Community (2009), Bazelon Center, http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField=ProductNumber%2CProductNumber ↑
20 C.F.R. § 404.468(a); Benefits After Incarceration: What You Need to Know, Soc. Sec. Admin.,
http://www.ssa.gov/reentry/
; Your Right to Representation to the Community (2009), Bazelon Center,
http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?Sort
Field=ProductNumber%2CProductNumber
↑
Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf ↑
Benefits After Incarceration: What You Need to Know Soc. Sec. Admin., http://www.ssa.gov/reentry/ ; What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ; ↑
42 U.S.C. § 402(x)(1)(A)(i); Finding the Key to Successful Transition from Jail or Prison to the Community, Bazelon Center (2009),
http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.
aspx?SortField=ProductNumber%2CProductNumber
↑
Other Ways to Apply to Benefits, Soc. Sec. Admin., http://www.socialsecurity.gov/info/isba/otherways.htm ↑
See Apply Online for Disability Benefits, Soc. Sec. Admin. http://www.ssa.gov/pubs/EN-05-10550.pdf ↑
If you complete your application within 60 days of your first phone call to request information or materials, the SSA will treat that call as the date of your application. Your Right to Representation, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ↑
Disability Benefits, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10029.pdf ↑
Disability Planner: How You Apply, Soc. Sec. Admin., http://www.ssa.gov/dibplan/dapply.htm ; Checklist for Online Adult Disability Application, Soc. Sec. Admin., http://www.ssa.gov/hlp/radr/10/ovw001-checklist.pdf ↑
Section 504 of the Rehabilitation Act; Your Right to Representation (2011), Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ↑
Your Right to Representation, Soc. Sec. Admin., http://www.socialsecurity.gov/pubs/EN-05-10075.pdf ↑
Benefits Available to Paroling & Discharging Inmates (2011), Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ↑
20 C.F.R. § 404.468(a) ↑
Finding the Key to Successful Transition from Jail or Prison to the Community (2009), Bazelon Center,
http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField
=ProductNumber%2CProductNumber
↑
Entering the Community After Incarceration—How We Can Help, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10504.pdf ; What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ;Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf ↑
Benefits Available to Paroling & Discharging Inmates (2011), Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ; What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ; http://www.ssa.gov/pubs/EN-05-10133.pdf ; Entering the Community After Incarceration—How We Can Help, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10504.pdf ; Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf ↑
Disability Benefits, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10029.pdf ; Jail and Social Security Disability Payments, Disability Advisor, http://www.disabilityadvisor.com/jail-and-social-security-disability-payments/ ↑
So, for example, if you were convicted and went to prison or jail on March 3, your benefits would stop on April 2. Arrested? What Happens to Your Benefits? , Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf . ↑
20 C.F.R. § 404.468(a); Benefits After Incarceration: What You Need to Know, Soc. Sec. Admin.,
http://www.ssa.gov/reentry/
;, Finding the Key to Successful Transition from Jail or Prison (2009), Bazelon Center,
www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField=
ProductNumber%2CProductNumber
↑
What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ; ↑
See Benefits After Incarceration, Soc. Sec. Admin., http://www.ssa.gov/reentry/ ; Entering the Community After Incarceration—How We Can Help, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10504.pdf ; Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf ↑
What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ; Entering the Community After Incarceration—How We Can Help, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10504.pdf ; Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf ↑
Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ; What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ; Entering the Community After Incarceration—How We Can Help, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10504.pdf ↑
Your Right to Representation, Soc. Sec. Admin., http://www.socialsecurity.gov/pubs/EN-05-10075.pdf ↑
Be prepared to provide your Social Security number. See Benefits After Incarceration, Soc. Sec. Admin., http://www.ssa.gov/reentry/ ; What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ; ↑
Thanks you to Steve Weiss, Regional Social Security & SSI Advocacy Coordinator at Bay Area Legal Aid, for his feedback and commentary on this portion of the Manual. See What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ; Entering the Community After Incarceration—How We Can Help, Soc. Sec. Admin., http://www.3ssa.gov/pubs/EN-05-10504.pdf ; Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf ↑
Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ↑
20 C.F.R. § 416.1409 ↑
Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ↑
20 C.F.R. §§ 404.911(a), 416.1411(a) ↑
20 C.F.R. § 416.1433 ↑
Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf ↑
Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf . ↑
The law defines “disability” as the inability to do any “substantial gainful activity” due to a “medically determinable physical or mental impairment” that can be expected to result in death or that has lasted (or can be expected to last) for at least 12 months in a row. 20 C.F.R. § 416.905(a); Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf . ↑
Disability Benefits, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10029.pdf ↑
You can call Social Security to find out what current income limits apply to you. See Supplemental Security Income (SSI), Soc. Sec. Admin., http://www.socialsecurity.gov/pubs/EN-05-11000.pdf ↑
Supplemental Security Income (SSI), Soc. Sec. Admin., http://www.socialsecurity.gov/pubs/EN-05-11000.pdf ↑
42 U.S.C. § 1382b; Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf . ↑
If you’re a non-citizen, you may be able to get SSI if you meet specific requirements; the rules on this are complex. Resources are available from California Immigrant Policy Center ( www.caimmigrant.org ) and National Immigration Law Center ( www.nilc.org ). You should also ask your county social services office for information about benefits programs for non-citizens, such as CAPI (See Helpful Hint box above). Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf . ↑
For more information on how to apply, visit http://www.cdss.ca.gov/cdssweb/entres/getinfo/pdf/eas16.PDF . ↑
7 C.F.R. § 273.20(a); Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf . ↑
Supplemental Security Income (SSI), Soc. Sec. Admin., http://www.socialsecurity.gov/pubs/EN-05-11000.pdf ↑
7 C.F.R. § 273.20(a); CDSS, MPP § 63-402.226; Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf . ↑
Description of Supplements, Soc. Sec. Admin., https://secure.ssa.gov/poms.nsf/lnx/0501415044#b ↑
Supplemental Security Income (SSI) Benefits, Soc. Sec. Admin., http://www.socialsecurity.gov/pubs/EN-05-11000.pdf ↑
What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ↑
42 U.S.C. § 1382; Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ; see also What You Need to Know When You Get Supplemental Security Income (SSI), Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-11011.pdf ↑
Benefits After Incarceration: What You Need to Know, Soc. Sec. Admin., http://www.ssa.gov/reentry/ ↑
42 U.S.C. § 1382; Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf . ↑
42 U.S.C. § 423(d)(6)(A). ↑
See Supplemental Security Income (SSI) Benefits, Soc. Sec. Admin., http://www.ssa.gov/disabilityssi/ssi.html ↑
Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ↑
Disability Benefits, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10029.pdf ↑
Disability Planner: How You Apply, Soc. Sec. Admin., http://www.ssa.gov/dibplan/dapply.htm ; Checklist for Online Adult Disability Application, Soc. Sec. Admin., http://www.ssa.gov/hlp/radr/10/ovw001-checklist.pdf ↑
Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ↑
Your Right to Representation, Soc. Sec. Admin., http://www.socialsecurity.gov/pubs/EN-05-10075.pdf ↑
Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ↑
20 C.F.R. § 404.468(a). ↑
Finding the Key to Successful Transition from Jail or Prison to the Community, Bazelon Center (2009),
http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?
SortField=ProductNumber%2CProductNumber
↑
Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ; What Prisoners Need to Know, Soc. Sec. Admin. http://www.ssa.gov/pubs/EN-05-10133.pdf ; Entering the Community After Incarceration—How We Can Help, Soc. Sec. Admin, http://www.ssa.gov/pubs/EN-05-10504.pdf ; Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf ↑
See Finding the Key to Successful Transition from Jail or Prison to the Community (2009), Bazelon Center, http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField=ProductNumber%2CProductNumber ; Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf ; Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ; A Manual on SSI/SSDI for Prisoners & Their Advocates (2004), Legal Services for Prisoners with Children, www.prisonlegalnews.org/media/publications/manual_on_social_security_beneits_for_prisoners.pdf ; What You Need to Know When You Get Supplemental Security Income (SSI), Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-11011.pdf ↑
Your Right to Representation (2009), Bazelon Center, www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField=ProductNumber%2CProductNumber ; A Manual on SSI/SSDI for Prisoners & Their Advocates (2004), Legal Services for Prisoners with Children, www.prisonlegalnews.org/media/publications/manual_on_social_security_beneits_for_prisoners.pdf ↑
See Benefits After Incarceration, Soc. Sec. Admin., http://www.ssa.gov/reentry/ ; Entering the Community After Incarceration—How We Can Help, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10504.pdf ; Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf . ↑
What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ; Entering the Community After Incarceration—How We Can Help, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10504.pdf ; Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf . ↑
Your Right to Representation (2011), Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ; What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ; Entering the Community After Incarceration—How We Can Help, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10504.pdf . ↑
See Your Right to Representation, Soc. Sec. Admin., http://www.socialsecurity.gov/pubs/EN-05-10075.pdf . ↑
Benefits After Incarceration, Soc. Sec. Admin., http://www.ssa.gov/reentry/ ; What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf . ↑
What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ; Entering the Community After Incarceration—How We Can Help, Soc. Sec. Admin., http://www.3ssa.gov/pubs/EN-05-10504.pdf ; Your Right to Representation (2011), Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ; Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf . ↑
Your Right to Representation (2009), Bazelon Center, www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField=ProductNumber%2CProductNumber . ↑
42 U.S.C. § 1382 ↑
20 C.F.R. § 416.211; Your Right to Representation (2009), Bazelon Center, www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField=ProductNumber%2CProductNumber . See also What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ↑
Your Right to Representation (2009), Bazelon Center, www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField=ProductNumber%2CProductNumber ↑
Your Right to Representation (2011), Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ↑
20 C.F.R. § 416.1409 ↑
Your Right to Representation (2011), Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ↑
20 C.F.R. §§ 404.911(a), 416.1411(a) ↑
20 C.F.R. § 416.1433 ↑
Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf ↑
See U.S.C. Title 38; Federal Benefits for Veterans Dependents and Survivors (2014), U.S. Dep’t of Veterans Affairs, www.va.gov/opa/publications/benefits_book.asp ; Your Right to Representation (2011), Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ; Summary of VA Benefits, U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/BENEFITS/benefits-summary/SummaryofVABenefitsFlyer.pdf ↑
California Veterans Resource Book (2014), California Dep’t of Veterans Affairs, www.calvet.ca.gov/VetServices/Documents/Veteran_%20Resource_%20book_2014.pdf ↑
Guidebook for California Incarcerated Veterans, 4th ed. (2013), U.S. Dep’t of Veterans Affairs, www.va.gov/HOMELESS/docs/Reentry/09_ca.pdf ↑
Federal Benefits for Veterans Dependents & Survivors (2014), U.S. Dep’t of Veterans Affairs, www.va.gov/opa/publications/benefits_book.asp ↑
Active service means full-time service, other than active duty for training, as a member of the Army, Navy, Air Force, Marine Corps, Coast Guard; or as a commissioned officer of the Public Health Service, Environmental Science Services Administration or National Oceanic and Atmospheric Administration, or the Coast and Geodetic Survey. U.S.C. Title 38; Federal Benefits for Veterans Dependents & Survivors (2014), U.S. Dep’t of Veterans Affairs, www.va.gov/opa/publications/benefits_book.asp ↑
A person who originally enlists after September 7, 1980 must complete either twenty-four months of continuous active duty or the full period for which the person was called or ordered to active duty. 38 C.F.R. § 3.12a. Persons who enlisted prior to September 7, 1980 or persons with a compensable service-connected disability are not subject to the minimum time in service requirement. 38 C.F.R. § 3.12(a). ↑
U.S.C. Title 38; Federal Benefits for Veterans Dependents & Survivors (2014), U.S. Dep’t of Veterans Affairs, www.va.gov/opa/publications/benefits_book.asp . For education benefits, the requirement is stricter: your character of discharge or service must be honorable. See Applying for Benefits & Your Character of Discharge, U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/benefits/character_of_discharge.asp ↑
Federal Benefits for Veterans Dependents & Survivors (2014), U.S. Dep’t of Veterans Affairs, www.va.gov/opa/publications/benefits_book.asp ↑
Claims for VA Benefits & Character of Discharge, U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/BENEFITS/docs/COD_Factsheet.pdf ↑
Summary of VA Benefits, U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/BENEFITS/benefits-summary/SummaryofVABenefitsFlyer.pdf ↑
Unless it’s determined that you were insane at the time you committed the offense, you’re barred from benefits if you were released or discharged for any of the following: sentence of a general court-martial; being a conscientious objector; desertion; resignation by an officer for the good of the service; absence without official leave (AWOL) for a continuous period of 180+ days, without compelling circumstances warranting the unauthorized absence; requesting release from service as an alien during a period of hostilities. 38 U.S.C. § 5303; Claims for VA Benefits & Character of Discharge: General Information, U.S. Dep’t of Veterans Affairs, http://www.benefits.va.gov/BENEFITS/docs/COD_Factsheet.pdf . ↑
38 C.F.R. § 3.12(d); Claims for VA Benefits & Character of Discharge: General Information, U.S. Dep’t of Veterans Affairs,
http://www.benefits.va.gov/BENEFITS/docs/COD_Factsheet.pdf
.
www.benefits.va.gov/BENEFITS/docs/
COD_Factsheet.pdf
↑
A discharge under honorable conditions is binding on the Department of Veterans Affairs as to character of discharge. 38 C.F.R. § 3.12(a). ↑
38 C.F.R. § 3.12(a). ↑
M21-1manual rewrite (MR), Part III, Subpart v, Chapter 1, Section B; Beyond “T.B.D.” Understanding VA’s Evaluation of a Former Servicemember’s benefits eligibility following involuntary or punitive discharge from the armed services, 214 Mil. L. Rev. Winter 2012; the term ‘veteran’ means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.” 38 U.S.C. § 101(2). ↑
M21-1manual rewrite (MR), Part III, Subpart v, Chapter 1, Section B; Beyond “T.B.D.” Understanding VA’s Evaluation of a Former Servicemember’s benefits eligibility following involuntary or punitive discharge from the armed services, 214 Mil. L. Rev. Winter 2012. ↑
38 U.S.C. § 5313B; C.F.R. 38 §§ 3.665(n), 3.666(e); Federal Benefits for Veterans Dependents & Survivors (2014), U.S. Dep’t of Veterans Affairs, www.va.gov/opa/publications/benefits_book.asp . If the VA believes that you are in violation of probation or parole you must be provided notice by the VA and an opportunity to present evidence, such as evidence that you are not in violation of probation or parole. See VBA Letter 20-14-09 (June 23, 2014). If the VA determines based upon the warrant and evidence that you submitted that you are fleeing from justice or violated a condition of your probation or parole, your benefits will be terminated. See VBA Letter 20-14-09 (June 23, 2014). ↑
That is, if you were released because of an “offense involving moral turpitude.” 38 C.F.R. § 3.12(d); Claims for VA Benefits & Character of Discharge, U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/BENEFITS/docs/COD_Factsheet.pdf . ↑
Claims for VA Benefits & Character of Discharge, U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/BENEFITS/docs/COD_Factsheet.pdf . ↑
Claims for VA Benefits & Character of Discharge, U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/BENEFITS/docs/COD_Factsheet.pdf . ↑
For example, if an individual enlisted for three years, completed the three years and reenlisted for two more years, then received a discharge under other than honorable conditions during the second enlistment, VA benefits may be provided based on the first period of service, even if it is determined that the character of discharge of the second period of service is a bar to benefits. See Claims for VA Benefits & Character of Discharge, U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/BENEFITS/docs/COD_Factsheet.pdf ↑
Claims for VA Benefits & Character of Discharge: General Information, U.S. Dep’t of Veterans Affairs, http://www.benefits.va.gov/BENEFITS/docs/COD_Factsheet.pdf . ↑
The law restricts the amounts you receive while incarcerated (see PG. 536). See 38 U.S.C. § 5313(a), 38 C.F.R. § 3.665(a), (d); Federal Veterans Benefit: Incarceration Information, Wash. State Dep’t of Corr., www.doc.wa.gov/family/docs/VAFederalBenefits.pdf . ↑
If you’re incarcerated for 60+ days, on the 61st day the VA will reduce any disability compensation and pension payments you were getting (see PG. 536). 38 U.S.C. § 5313(a), 38 C.F.R. § 3.665(a), (d); Federal Veterans Benefit: Incarceration Information ,Wash. State Dep’t of Corr., www.doc.wa.gov/family/docs/VAFederalBenefits.pdf . ↑
Information Regarding Apportionment Form 21-0788, U.S. Dep’t of Veterans Affairs, www.vba.va.gov/pubs/forms/VBA-21-0788-ARE.pdf . ↑
In deciding whether and how much apportionment to award your family member(s), the VA will consider various factors including their income, living expenses, and any special needs. 38 U.S.C. § 5313(a), 38 C.F.R. § 3.665(a), (d); Federal Veterans Benefit: Incarceration Information, Wash. State Dep’t of Corr., www.doc.wa.gov/family/docs/VAFederalBenefits.pdf . ↑
Incarcerated Veterans: How Incarceration Affects Eligibility for VA benefits, U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/persona/veteran-incarcerated.asp . ↑
If another government program is covering part of these costs, you can apply for VA benefits to cover the rest. See Health Care for Re-entry Veterans Services & Resources, U.S. Dep’t of Veterans Affairs, www.va.gov/homeless/reentry.asp ; Guidebook for California Incarcerated Veterans, 4th ed. (July 2013), U.S. Dep’t of Veterans Affairs, www.va.gov/HOMELESS/docs/Reentry/09_ca.pdf . ↑
Guidebook for California Incarcerated Veterans, 4th ed. (July 2013), U.S. Dep’t of Veterans Affairs, www.va.gov/HOMELESS/docs/Reentry/09_ca.pdf ↑
Health Care for Re-entry Veterans Services & Resources, U.S. Dep’t of Veterans Affairs, http://www.va.gov/homeless/reentry.asp ↑
Veterans Justice Outreach, U.S. Dep’t of Veterans Affairs, www.va.gov/homeless/vjo.asp ↑
Incarcerated Veterans, U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/persona/veteran-incarcerated.asp ↑
Information for Incarcerated Veterans, Swords to Plowshares, www.swords-to-plowshares.org/wp-content/uploads/Information-For-Incarcerated-Veterans.pdf ↑
Fact Sheet: Incarcerated Veterans (Aug 2012), U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/BENEFITS/factsheets/misc/incarcerated.pdf ; Incarcerated Veterans: How Incarceration Affects Eligibility for VA benefits, U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/persona/veteran-incarcerated.asp . ↑
Fact Sheet: Incarcerated Veterans (Aug 2012), U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/BENEFITS/factsheets/misc/incarcerated.pdf ; Incarcerated Veterans: How Incarceration Affects Eligibility for VA benefits, U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/persona/veteran-incarcerated.asp ↑
Fact Sheet: Incarcerated Veterans (Aug 2012), U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/BENEFITS/factsheets/misc/incarcerated.pdf ↑
Guidebook for California Incarcerated Veterans, 4th ed. (July 2013), U.S. Dep’t of Veterans Affairs, www.va.gov/HOMELESS/docs/Reentry/09_ca.pdf . ↑
Fact Sheet: Incarcerated Veterans (Aug 2012), U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/BENEFITS/factsheets/misc/incarcerated.pdf ; Incarcerated Veterans: How Incarceration Affects Eligibility for VA benefits, U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/persona/veteran-incarcerated.asp ↑
U.S. Dep’t of Veterans Affairs, Guidebook for California Incarcerated Veterans, 4th ed. (July 2013), http://www.va.gov/HOMELESS/docs/Reentry/09_ca.pdf ↑
Information for Incarcerated Veterans, Swords to Plowshares, www.swords-to-plowshares.org/wp-content/uploads/Information-For-Incarcerated-Veterans.pdf ; Can the VA Stop or Lower My Disability Benefits If I Go to Jail?, Nolo: Law for All, www.nolo.com/legal-encyclopedia/can-the-va-stop-lower-my-disability-benefits-if-i-go-to-jail.html ↑
Information for Incarcerated Veterans, Swords to Plowshares, www.swords-to-plowshares.org/wp-content/uploads/Information-For-Incarcerated-Veterans.pdf . ↑
For the VA, being “released from incarceration” includes being on parole, participating in a work release program, or living in a halfway house. See Fact Sheet: Incarcerated Veterans (Aug 2012), U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/BENEFITS/factsheets/misc/incarcerated.pdf ↑
Depending on the type of disability, the VA may also schedule you for a medical examination to see if your disability has improved. See Fact Sheet: Incarcerated Veterans (Aug 2012), U.S. Dep’t of Veterans Affairs, www.benefits.va.gov/BENEFITS/factsheets/misc/incarcerated.pdf ↑
Veterans Benefits Manual, § 9.2.2 (2014); 76 Fed. Reg. 2,766 (Jan. 14, 2011) (proposed rule). ↑
Guidebook for California Incarcerated Veterans, 4th ed. (July 2013), U.S. Dep’t of Veterans Affairs, www.va.gov/HOMELESS/docs/Reentry/09_ca.pdf ↑
Once you have Internet access, you can find the form at www.va.gov/1010ez.htm or by visiting Appendix L. See also Arrested? What Happens to Your Federal Benefits?” (2006), Bazelon Center, www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf ↑
However, if you aren’t receiving service-related disability benefits, the VA may ask for information about your income for the prior year. Guidebook for California Incarcerated Veterans, 4th ed. (July 2013), U.S. Dep’t of Veterans Affairs, www.va.gov/HOMELESS/docs/Reentry/09_ca.pdf ↑
The DMC mailing address is P.O. Box 11930 St. Paul, MN 55111-0930 ↑
Debt Management Center, U.S. Dep’t of Veterans Affairs, http://www.va.gov/debtman/ . ↑
38 C.F.R. § 1.911(c)(2) (2014). A waiver will not be granted by the VA unless you request a waiver. ↑
Veterans Benefits Manual, 2014 Edition, sections 9.4-9.4.8. ↑
38 C.F.R. § 1.911(c)(1). ↑
DD Form 293 is available at www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0293.pdf ; National Archives, Veterans Service Records, www.archives.gov/veterans/military-service-records/correct-service-records.html . ↑
What You Should Know About How to UpGrade Your Military Discharge, U.S. Army Trial Defense Service, Region V, Fort Lewis Field Office, http://www.monterey.army.mil/legal/trial_defense/how_to_uPGrade_your_discharge.pdf ↑
DD Form 149 is available at www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0149.pdf ; National Archives, Veterans Service Records, www.archives.gov/veterans/military-service-records/correct-service-records.html . ↑
Federal Benefits for Veterans, Dependents & Survivors (2014), U.S. Dep’t of Veterans Affairs, www.va.gov/opa/publications/benefits_book/benefits_chap15.asp ↑
What You Should Know About How to UpGrade Your Military Discharge, U.S. Army Trial Defense Service, Region V, Fort Lewis Field Office, http://www.monterey.army.mil/legal/trial_defense/how_to_uPGrade_your_discharge.pdf ↑
M21-1manual rewrite (MR), Part III, Subpart v, Chapter 1, Section B ↑
See Beyond “T.B.D.” Understanding VA’s Evaluation of a Former Servicemember’s benefits eligibility following involuntary or punitive discharge from the armed services, 214 Mil. Law Rev. Winter 2012. ↑
Unless it’s determined that you were insane at the time you committed the offense, you’re barred from benefits if you were released or discharged for any of the following: sentence of a general court-martial; being a conscientious objector; desertion; resignation by an officer for the good of the service; absence without official leave (AWOL) for a continuous period of 180+ days, without compelling circumstances warranting the unauthorized absence; requesting release from service as an alien during a period of hostilities. 38 U.S.C. § 5303; Claims for VA Benefits & Character of Discharge: General Information ,U.S. Dep’t of Veterans Affairs, http://www.benefits.va.gov/BENEFITS/docs/COD_Factsheet.pdf . ↑
See Beyond “T.B.D.” Understanding VA’s Evaluation of a Former Servicemember’s Benefits Eligibility following Involuntary or Punitive Discharge from the Armed Services, 214 Mil. Law Rev. Winter 2012. ↑
Cal. Public Utilities Code § 871.7. ↑
See California LifeLine, https://www.californialifeline.com/en/eligibility_requirements . ↑
See Cal. Public Utilities Code §§ 871-884.5. The Federal Communications Commission (FCC) sponsors the Federal Lifeline program, which is an alternative program offering slightly fewer but similar benefits on a national scale. ↑
See California LifeLine, http://cssrc.us/content/briefing-report-california-lifeline-program . ↑
See California LifeLine, http://cssrc.us/content/briefing-report-california-lifeline-program . ↑
See CPUC, LifeLine, http://www.cpuc.ca.gov/General.aspx?id=2752#qualify . ↑
See California LifeLine, https://www.californialifeline.com/en/eligibility_requirements#important_information_cell . ↑
See U.S. DOJ Press Release at https://www.justice.gov/opa/pr/new-step-fight-recidivism-attorney-general-holder-announces-justice-department-require (March 24, 2014). ↑
See Free Government Cell Phones, http://www.freegovernmentcellphones.net/ . ↑
See California LifeLine, https://www.californialifeline.com/pdf/new/applications/st_en_10_app_eg_0615.pdf ↑
See National Employment Law Project, 65 Million Need Not Apply: The Case for Reforming Criminal Background Checks for Employment (2011). ↑
Adapted from Texas Community Building with Attorney Resources, Locked Out: A Texas Legal Guide to Reentry (2012). ↑
Adapted from Texas Community Building with Attorney Resources, Locked Out: A Texas Legal Guide to Reentry (2012). ↑
Adapted from http://www.careerbuilder.com/article/cb-3033-job-search-strategies-how-to-conduct-a-job-search-with-a-criminal-record/ . ↑
Adapted from http://www.careerbuilder.com/article/cb-3033-job-search-strategies-how-to-conduct-a-job-search-with-a-criminal-record/ . ↑
Adapted from http://www.careerbuilder.com/article/cb-3033-job-search-strategies-how-to-conduct-a-job-search-with-a-criminal-record/ . ↑
Here are some insurance companies that offer private fidelity bonding insurance for employers:Cal-Nevada Insurance Agency— http://www.cal-nevada.com/business-insurance/fidelity-bonds/ State Farm Insurance— https://www.statefarm.com/small-business-solutions/insurance/surety-fidelity-bonds Nationwide Insurance— http://www.nationwide.com/crime-insurance.jsp . ↑
See U.S. Dep’t of Labor, The Federal Bonding Program: Program Background, http://www.bonds4jobs.com/program-background.html . ↑
See U.S. Dep’t of Labor, The Federal Bonding Program: Program Background, http://www.bonds4jobs.com/program-background.html . ↑
Telephone call with Gil Barkley, State Bonding Coordinator, California Employment Development Department (Feb. 17, 2015). The EDD will also want to make sure that the employer is not simply exploiting you for free insurance coverage and then getting rid of you after the first 6 months of free coverage is over. ↑
Telephone call with Maria Alexander and Mary Weaver, Friends Outside in Los Angeles County (Jan. 21, 2015). ↑
26 U.S.C. § 51. ↑
See 26 U.S.C. § 51; see also U.S. Dep’t of Labor, WOTC Tax Credit Amounts, http://Www.Doleta.Gov/Business/Incentives/Opptax/Benefits.Cfm . Employers may use the “WOTC Calculator” tool available online at: http://www.doleta.gov/business/incentives/opptax/wotcEmployers.cfm . ↑
See 26 U.S.C. § 51(d)(13)(A)(ii)(II); see also U.S. Dep’t of Labor, Training and Employment Guidance Letter No. 8-13. In the past, Congress has waived the 28-day timeliness rule for applications that were eligible during the program’s lapse period, but there is no guarantee; see IRS, Work Opportunity Tax Credit Extended, http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Expanded-Work-Opportunity-Tax-Credit-Available-for-Hiring-Qualified-Veterans . To avoid a denial based on timeliness issues, employers should continue to follow the 28-day rule. California’s WOTC Authorization Center is continuing to process all applications, and expects reauthorization. For more information, see Cal. Emp’t Dev’t Dep’t, Employer Guide, http://www.edd.ca.gov/jobs_and_training/WOTC_Employer_Guide.htm . ↑
U.S. Dep’t Justice v. Reporters Comm., 489 U.S. 749, 749 (1989). ↑
See Cal. Penal Code § 11105. ↑
28 C.F.R. § 16.31. ↑
15 U.S.C. § 1681a(p). ↑
See Cal. Civ. Code §§ 1785 et. al., 1786 et al. ↑
2 Cal. Code Regs. § 7287.4(d)(1)(B); Cal. Lab. Code § 432.7(a). ↑
Cal. Lab. Code § 432.7(b). ↑
Cal. Lab. Code § 432.8. ↑
Cal. Health & Safety Code § 11357(b), (c). ↑
Cal. Health & Safety Code § 11360. ↑
Cal. Health & Safety Code § 11364. ↑
Cal. Health & Safety Code § 11365. ↑
Cal. Health & Safety Code § 11550. ↑
Cal. Lab. Code § 432.7; see offenses listed under Cal. Health & Safety Code § 11590 (drug offenses); Cal. Penal Code § 290 (sexual offenses). ↑
Cal. Lab. Code § 432.7(a). ↑
See Cal. Lab. Code §§ 432.7 and 432.8; see also US EEOC, Consideration of Arrest & Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (EEOC Guidance Apr. 25, 2012) at 13-14 (herein “EEOC Guidance”). ↑
Cal. Lab. Code §§ 432.7, 432.8; see also Starbucks Corp. v. Superior Court, 86 Cal. Rptr. 3d 482 (2008). ↑
Cal. Lab. Code § 432.9. ↑
See 15 U.S.C. § 1681b; Cal. Civ. Code § 1786.2(f). ↑
Cal. Lab. Code § 1024.5, et seq. ↑
42 U.S.C. § 2000e-2; see also, NELP, Top Ten Best Practices for Fair Chance Policies, at 1-2, http://www.nelp.org/page/-/SCLP/2014/Guides/NELP_Best_Practices_and_Model_Policies.pdf?nocdn=1 . ↑
5 U.S.C. § 7371(b). ↑
49 U.S.C § 44935(e)(2)(B). ↑
Cal. Bus. & Prof. Code § 7583.9; see also Calif. Dep’t of Consumer Affairs, Security Guard Fact Sheet (July 2012). ↑
12 U.S.C. § 1829. ↑
46 U.S.C. § 70105(c). ↑
42 U.S.C. § 13041(a). ↑
18 U.S.C. § 1033(e). ↑
29 U.S.C. § 1111(a). ↑
10 U.S.C. § 2408(a). ↑
42 U.S.C. § 13726b(b)(1). ↑
Cal. Civ. Code §§ 1786.16, 1786.16(c). ↑
Cal. Civ. Code § 1786.16(a)(2)(A). California law is stricter than federal law about what an employer must do when notifying a job applicant about the requested consumer report. See generally California Investigative Consumer Background check companies Act (ICRAA) at Cal. Civ. Code § 1786 et seq. ↑
15 U.S.C. § 1681b(b)(2)(A)(i); Cal. Civ. Code § 1786.16(a)(2)(B). ↑
Cal. Civ. Code § 1786.16(a)(2)(b). The Background check company’s website must explain its policy about transferring personal information transferred to third parties outside the United States, and must give you a way to contact an agency representative with further questions. If the agency doesn’t have a website, you may request that a copy of the privacy policy be mailed to you. ↑
There are strict limits on what information can be included in your background check report. For example, the Background check company generally CANNOT include information about arrests or convictions that are more than 7 years old, bankruptcies that took place more than 10 years ago, or debts that are more than 7 years old. Cal. Civ. Code § 1786.18. ↑
Cal. Civ. Code §§ 1786.16(a)(2)(B)(v), 1786.22, 1786.10. ↑
If interviews are involved, the report is defined as an “investigative consumer report” under the FCRA. ↑
15 U.S.C. § 1681b(b)(2)(A); Cal. Civ. Code § 1786.16(a)(2)(C). ↑
Cal. Civ. Code § 1786.16(a)(2) requires employers to provide notice and get permission “at any time” they want to run a background check. ↑
Cal. Civ. Code § 1786.16(a)(2)(B)(v); see also Cal. Civ. Code § 1786.22. ↑
Cal. Civ. Code § 1786.16(b)(1). ↑
Cal. Civ. Code § 1786.16(b)(1). You may receive a copy of the report from the employer or from the screening company. The report’s cover page must (1) include a notice in at least 12-point boldface type saying that the report does not guarantee the accuracy or truthfulness of the information, but was simply copied from public records; (2) include a warning that negative information could be the result of identity theft; and (3) give notice in English and Spanish of your rights. Business days” only include weekdays (Mon-Fri). Cal. Civ. Code § 1786.29. ↑
See Net Check Investigations (Cal. P.I. License 21529), Americheck—Authorization to Release Information, http://americhek.com/resources/pdf/Authorization_Release_2011-12.pdf ; Mission Network, Disclosure Regarding Background Investigation, https://www.missionnetwork.com/sites/missionnetwork.com/files/nodes/1540/Background%20Check%20Authorization%20(New%202014).pdf ; William Jessup Univ., Authorization for Background Checks (v1112), http://www.jessup.edu/wp-content/uploads/2013/09/investigative_report_authorization.pdf . ↑
15 U.S.C. § 1681b(b)(3)(A); Cal. Civ. Code § 1786.40(a). ↑
15 U.S.C. § 1681b(b)(3)(A). ↑
15 U.S.C. § 1681b(b)(3)(A); see also Russ Dempsey, Adverse Action in Employment, http://www.backgroundbureau.com/web/Articles/FCRA.shtml . ↑
Note: This means that the employer must give you a copy of your background check report, even if you did not check the box to request a copy of the report when giving permission to run the background check. ↑
15 U.S.C. § 1681b(b)(3)(A). A copy of “A Summary of Your Rights Under FCRA” can be found in Appendix I, PG. 684, or online at www.ftc.gov/credit . ↑
Although the law does not provide exactly how much time an employer must wait after sending a “Pre-Adverse Action” letter to take the adverse action, guidance from Congress suggests that 5 business days is a reasonable amount of time. See H.R. Rep. No. 103-486, at 30 (1994). ↑
See, e.g., Beverly v. Wal-Mart Stores, Inc., No. CIV. A. 3:07CV469, 2008 WL 149032, at *3 (2008); Williams v. Telespectrum, Inc., No. 3:05CV853, 2006 WL 7067107, at *4 (2006) (unreported); but see Johnson v. ADP Screening & Selection Svcs., Inc., 768 F. Supp. 2d 979, 983-84 (2011) (FRCA does not impose waiting period on employer nor require employer to hold position open for applicant during period between Pre-Adverse Action letter and adverse action). ↑
Compare, e.g., Beverly v. Wal-Mart Stores, Inc., No. CIV.A. 3:07CV469, 2008 WL 149032, at *3 (2008) (“The statutory purpose is to enable employee or applicant to correct any of inaccurate information in background report before any adverse decision or action is taken.”); with Johnson v. ADP Screening & Selection Servs., Inc., 768 F. Supp. 2d 979, 984 (2011) (“Nothing in the FCRA requires an employer to consider any correction that a Background check company might make.”) ↑
15 U.S.C. § 1681m(b)(1); Cal. Civ. Code § 1786.40. ↑
15 U.S.C. § 1681i; Cal. Civ. Code § 1786.24. ↑
Cal. Civ. Code § 1786.24(b). ↑
Cal. Civ. Code § 1786.57. ↑
Both California and federal law have exceptions to the notice and permission requirements if an employer does a background check because they suspect you of “wrongdoing or misconduct,” and uses a private Background check company to conduct the background check. Cal. Civ. Code § 1786.16(a)(2), (c); 15 U.S.C. § 1681a(y)(1). In this case, the employer is NOT required to notify you or get your permission before conducting the background check. If the employer later decides to take adverse action based on the results of the background check, they are only required to give you a summary of the background check report (not the sources of information nor full report itself), and only after the adverse action is taken (not before the adverse action). 15 U.S.C. § 1681a(y)(2). ↑
15 U.S.C. § 1681b(b)(3)(A)(i). ↑
Cal. Civ. Code § 1786.11. ↑
Electronic communication from Mary Weaver, Executive Director, Friends Outside in Los Angeles County (Jan. 29, 2015); electronic communication from Mario Rodriguez, South Bay Workforce Investment Board (Jan. 29, 2015). ↑
See Law Office of Melissa C. Marsh, How To Perform Employee Background Check In California, http://www.yourlegalcorner.com/articles.asp?id=51&cat=emp . ↑
20 U.S.C. § 1232g(b)(1). ↑
California law prohibits regular employers from using information taken from Megan’s Law websites (which list people required to register under Penal Code 290) when deciding whether to hire you or when making any other employment decisions. Cal. Penal Code § 290.46(l). However, employers can use the same information if taken directly from public records (like court records), rather than from online websites. (In general, the only employers who can use Megan’s Law website are the same employers who can see your RAP sheet.) ↑
Cal. Lab. Code § 980. ↑
Cal. Civ. Code § 1786.53. ↑
See, e.g., TheBestIRS.com, Application for Employment, at 4, http://www.thebestirs.com/repository/application_2014.pdf ; Living Spaces Furniture, Form 10000: Application for Employment, at 4, https://www.livingspaces.com/_Content/Ads/job_app.pdf . ↑
Cal. Civ. Code § 1786.16(b)(1). ↑
Cal. Civ. Code § 1786.53(b)(1). ↑
Cal. Civ. Code § 1786.53(b)(3). ↑
Cal. Civ. Code § 1786.53(b)(4). ↑
Cal. Civ. Code § 1786.53(b). ↑
See Privacy Rights Clearinghouse, Fact Sheet 16a: Employment Background Checks in California: A Focus on Accuracy, https://www.privacyrights.org/employment-background-checks-california-focus-accuracy#4 . ↑
Cal. Civ. Code § 1786.10(b)(1). ↑
Cal. Penal Code § 11105 et seq. In addition, federal law requires background checks for the following jobs, which mean that these employers will be able to see your RAP sheet: Airport security screeners; federal law enforcement officers; defense contractor; prisoner transportation; port workers; childcare workers in federal facilities or agencies; bank employees; insurance personnel; and any personnel involved in the administration of an employee benefits plan. See 49 U.S.C § 44935(e)(2)(B); 5 U.S.C. § 7371(b); 10 U.S.C. § 2408(a); 42 U.S.C. § 13726b(b)(1); 46 U.S.C. § 70105(c); 42 U.S.C. § 13041(a); 12 U.S.C. § 1829; 18 U.S.C. § 1033(e); 29 U.S.C. § 1111(a). Note: Other people and agencies (not listed here) may be able see your RAP sheet for non-employment services—for example, public housing authorities, court investigators if you are applying to be the guardian of a child, and certain medical officials. ↑
Cal. Penal Code § 11105(b). ↑
These employers include: nuclear power plants; public utilities; agencies directly responsible for the care of children, the elderly, or the mentally or physically disabled; youth organizations; in-home supportive care agencies; security organizations; financial institutions; private schools. See Cal. Penal Code §§ 11105(c)(1); 11105.3, 11105.4; Cal. Fin. Code § 777.5; Cal. Health & Safety Code § 1596.871; Cal. Veh. Code § 44237. However, private employers must still get authorization from the DOJ in order to view RAP sheets. ↑
Occupational licenses are required for: accounting, acupuncture, architects, automotive repairs, barbering and cosmetology, cemetery and funeral services, contractors, court reporters, dental services, electronic and appliance repair, occupational therapy, physical therapy, real estate, security and investigative positions, structural pest control, vocational and registered nursing. For a list of the 200+ occupational licenses available in California, see http://www.labormarketinfo.edd.ca.gov/occguides/ . ↑
This includes police and sheriff departments, courts, district attorney and public defender offices, parole and probation departments, and corrections agencies. ↑
Cal. Penal Code § 11105(i). ↑
Cal. Penal Code §§ 11125, 11143. ↑
Cal. Penal Code §§ 11105(b)(12), 11121. ↑
Cal. Penal Code §§ 11122-23. ↑
If you cannot afford the fee, you can request a fee waiver (i.e., a request to be excused from paying the fee) with your application, and provide proof of your financial situation. See Cal. Penal Code § 11123. ↑
Cal. Penal Code § 11126. ↑
Cal. Penal Code § 11142. ↑
See Fed. Trade Comm’n, Employment Background Checks, http://www.consumer.ftc.gov/articles/0269-what-know-when-you-look-job . ↑
15 U.S.C. § 1681s-2. ↑
See Fed. Trade Comm’n, Employment Background Checks, http://www.consumer.ftc.gov/articles/0269-what-know-when-you-look-job . ↑
There are also rules that Background check companies must follow to verify the information reported to an employer in a background check report. See 15 U.S.C. §§ 1681d, 1681g. ↑
Police records—such as arrests and logs—are considered public records, subject to certain exemptions. See Cal. Gov’t Code §§ 6250 et seq., 6254(f). Law enforcement agencies are permitted to provide copies of mug shots to the general public. See 86 Cal. Op. Att'y Gen. 132 (2003). ↑
California law prohibits most employers from using information taken from Megan’s Law websites (which list people required to register under Penal Code 290) when deciding whether to hire you or making other employment decisions. Cal. Penal Code § 290.46(l). However, private Background check companies ARE allowed to publish information from Megan’s Law websites in your background check report. Mendoza v. ADP Screening & Selection Svcs., Inc., 182 Cal. App. 4th 1644, 1650-59 (2010) (holding that private Background check company did not violate statute by publishing information from Megan’s Law website, because Background check company did not “use” information for employment purposes, but rather compiled and republished information for employer to “use” in employment decisions). In addition, employers can use the same information if taken directly from public records (like court records), rather than from online websites. ↑
There are special rules that apply to background check information obtained through personal interviews. Both California and federal laws require Background check companies that get negative background check information through personal interviews to (1) reasonably verify that the information is accurate, or (2) only interview people who are “the best possible source of the information.” Cal. Civ. Code § 1786.18(d); 15 U.S.C. § 1681d(d)(4). Federal law also has additional notice requirements for background check reports that include information from personal interviews. 15 U.S.C. § 1681d(a). ↑
Cal. Civ. Code § 1786.28(a). ↑
Cal. Civ. Code § 1786.18. ↑
Cal. Civ. Code § 1786.18. ↑
Cal. Civ. Code § 1786.18. ↑
Cal. Civ. Code § 1786.24. (Unless your claim does not include enough information to allow the agency to properly identify and investigate the information in dispute); see 50 U.S.C. § 1681i. ↑
Cal. Civ. Code § 1786.24. ↑
Cal. Civ. Code §§ 1786.12(f), 1786.18; see also § 1786.20. ↑
Cal. Civ. Code §§ 1786.18(c), 1786.28, 1786.30. ↑
Cal. Civ. Code § 1786.28. ↑
Cal. Civ. Code §§ 1786.12, 1786.16(a)(4). ↑
Cal. Civ. Code § 1786.24. ↑
Cal. Civ. Code § 1786.11. ↑
Cal. Civ. Code §§ 1786.10, 1786.22. ↑
See, e.g., Jones v. Halstead Mgmt. Co., No. 14-CV-3125 (VEC) (order denying motion to dismiss, Jan. 27, 2015) (SDNY). ↑
See Fed. Trade Comm’n, Consumer Reports: What Information Furnishers Need To Know (2013), https://www.ftc.gov/system/files/documents/plain-language/bus33-consumer-reports-what-information-furnishers-need-know_0.pdf ↑
15 U.S.C. § 1681s-2. ↑
Fed. Trade Comm’n, Employment Background Checks, http://www.consumer.ftc.gov/articles/0157-employment-background-checks ↑
Fed. Trade Comm’n, Employment Background Checks, http://www.consumer.ftc.gov/articles/0157-employment-background-checks . ↑
Hiring policies excluding people based on criminal history must consider at least three factors in order to be “job related” and “consistent with business necessity:” (1) the nature and gravity of the offense; (2) how much time has passed; and (3) the nature of the job sought. See Green v. Missouri Pac. R.R., 549 F.2d 1158 (8th Cir. 1977). ↑
42 U.S.C. § 2000e et seq. See also EEOC, Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 No. 915.002 (Apr. 25, 2012) (herein EEOC Enforcement Guidance). ↑
EEOC Enforcement Guidance at § V(B)(9). Note: Employers are not necessarily required to give individualized consideration in all circumstances, but doing so will allow them to consider more complete information about the applicant, and will help them to show that the hiring policy—including the rejections of specific job applicants—is “job related and consistent with business necessity.” ↑
Green v. Missouri Pac. R.R., 523 F.2d 1290, 1298 (8th Cir. 1975). ↑
EEOC Enforcement Guidance at § V(A)(2). ↑
EEOC Enforcement Guidance at § V(B); see, e.g., El v. Se. Penn. Transp. Auth. (SEPTA), 479 F.3d 232, 238 (3d Cir. 2007); Green v. Missouri Pac. R.R., 523 F.2d 1290, 1295-99 (8th Cir. 1975). ↑
Dothard v. Rawlinson, 433 U.S. 321, 331 n.14 (1977). ↑
El v. Se. Penn. Transp. Auth. (SEPTA), 479 F.3d 232, 244-48 (3d Cir. 2007). ↑
See EEOC Guidance. See also EEOC, Questions and Answers About Race and Color Discrimination in Employment, (EEOC Guidance May 16, 2006). ↑
See Cal. Gov’t Code § 12900 et seq. ↑
EEOC Enforcement Guidance at § V(B)(6)-(8). The employer should develop a targeted screening process that considers at least the following 3 factors: the nature and seriousness of the crime; time elapsed since the crime; and the nature of the job sought (nature of the duties and essential functions, circumstances under which the job is performed such as level of supervision and amount of authority, and the environment in which the job is performed considering location and context). ↑
The employer should validate the exclusion for the position in light of the Uniform Guidelines on Employee Selection Procedures. In other words, it should show data or analysis about criminal conduct as related to subsequent work performance or behaviors that supports the exclusion. EEOC Enforcement Guidance at § V(B)(5); see also El v. Se. Penn. Transp. Auth. (SEPTA), 479 F.3d 232, 244-48 (3d Cir. 2007) (stating that employer’s hiring policy for applicants with criminal convictions must “accurately distinguish between applicants that pose an unacceptable level of risk and those that do not”). ↑
42 U.S.C. § 2000e-2; EEOC Guidance at 15; see also Green v. Missouri Pac. R.R., 549 F.2d 1158 (8th Cir. 1975). The employer should develop a targeted screening process that considers at least the following 3 factors: the nature and seriousness of the crime; time elapsed since the crime; and the nature of the job sought (nature of the duties and essential functions, circumstances under which the job is performed such as level of supervision and amount of authority, and the environment in which the job is performed considering location and context). ↑
EEOC Enforcement Guidance at § V(B)(9). ↑
EEOC Enforcement Guidance at § V(A). ↑
EEOC Enforcement Guidance at § IV. ↑
See EEOC v. Red Robin Gourmet Burgers, Inc. (W.D. Wash. Aug 29, 2005) ↑
See Hub Folding Box Co. v. Mass. Comm’n Against Discrim., 52 Mass. App. Ct. 1104 (2001). ↑
Hiring policies excluding people based on criminal history must consider at least three factors in order to be “job related” and “consistent with business necessity:” (1) the nature and gravity of the offense; (2) how much time has passed; and (3) the nature of the job sought. Green v. Missouri Pac. R.R., 549 F.2d 1158 (8th Cir. 1977). ↑
42 U.S.C. § 2000e et seq; see also EEOC, Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 No. 915.002) (Apr. 25, 2012) (herein EEOC Enforcement Guidance). ↑
The EEOC usually requires discrimination complaints to be filed within 180 days from when the discrimination occurred. However, in California, you may have up to 300 days to file an EEOC complaint, because California law also covers the same types of discrimination. 42 U.S.C. § 2000e-5 (general time limits on filing), 2000e-5(e) (time limits on filing where complainant has initially instituted proceedings with authorized state or local agency); see also Green v. Los Angeles Cnty. Superintendent of Sch., 883 F.2d 1472, 1473 (9th Cir. 1989); Saulsbury v. Wismer & Becker, Inc., 644 F.2d 1251 (9th Cir. 1980). You must file a DFEH complaint within 1 year from when the discrimination occurred. Cal. Gov’t Code § 12960. ↑
The form is also available online at http://www.dfeh.ca.gov/res/docs/PCI/Pre Complaint Inquiry—Employment.pdf . ↑
Cal. Gov’t Code § 12965(b). ↑
See EEOC, Remedies for Employment Discrimination, http://www.eeoc.gov/employees/remedies.cfm . ↑
EEOC, Fair Employment Practices Agencies (FEPAs) and Dual Filing, http://www.eeoc.gov/employees/fepa.cfm ; see also DFEH, Employment Complaint Process, http://www.dfeh.ca.gov/Complaints_eCompProc.htm . ↑
Telephone call with EEOC, reference #150204-000301 (Feb. 3, 2015). ↑
42 U.S.C. § 2000e(b). ↑
Cal. Gov’t Code § 12926(d). ↑
42 U.S.C. 2000e-5(e). ↑
Cal. Gov’t Code § 12960. ↑
Cal. Gov’t Code § 12940(a). ↑
42 U.S.C. § 2000e-5; Cal. Gov’t Code § 12965(c). ↑
EEOC, How to File a Charge of Employment Discrimination, http://www.eeoc.gov/employees/howtofile.cfm ; see also Oakland Local Office of EEOC, Filing a Charge with this Office, http://www.eeoc.gov/field/oakland/charge.cfm . ↑
EEOC, How to File a Charge of Employment Discrimination, http://www.eeoc.gov/employees/howtofile.cfm . ↑
Oakland Local Office, EEOC, Filing a Charge with this Office, http://www.eeoc.gov/field/oakland/charge.cfm/ . ↑
EEOC, How to File a Charge of Employment Discrimination, http://www.eeoc.gov/employees/howtofile.cfm . ↑
EEOC, How to File a Charge of Employment Discrimination, http://www.eeoc.gov/employees/howtofile.cfm . ↑
EEOC, The Charge Handling Process, http://www.eeoc.gov/employees/process.cfm . ↑
EEOC, The Charge Handling Process, http://www.eeoc.gov/employees/process.cfm . ↑
EEOC, Filing a Lawsuit, http://www.eeoc.gov/employees/lawsuit.cfm . ↑
EEOC, Filing a Lawsuit, http://www.eeoc.gov/employees/lawsuit.cfm . ↑
EEOC, Filing a Lawsuit, http://www.eeoc.gov/employees/lawsuit.cfm . ↑
49 U.S.C § 44935(e)(2)(B). ↑
5 U.S.C. § 7371(b). ↑
10 U.S.C. § 2408(a). ↑
42 U.S.C. § 13726b(b)(1). ↑
46 U.S.C. § 70105(c). ↑
12 U.S.C. § 1829. ↑
18 U.S.C. § 1033(e). ↑
29 U.S.C. § 1111(a). ↑
42 U.S.C. § 13041(a). ↑
Cal. Lab. Code § 432.9(3). ↑
See TSA, Transportation Worker Identification Credential—Frequently Asked Questions (Disqualifications, Waivers, and Appeals), http://www.tsa.gov/stakeholders/frequently-asked-questions-0—disqualification . ↑
The Reason Foundation, Occupational Licensing in California, http://reason.org/news/show/1013473.html . ↑
Cal. Bus. & Prof. Code §§ 475-499. See also The Reason Foundation, Occupational Licensing in California, http://reason.org/news/show/1013473.html . ↑
Cal. Bus. & Prof. Code § 480(a)(1). ↑
Cal. Bus. & Prof. Code § 480; see also Hughes v. Bd. of Architectural Examiners , 17 Cal.4th 763, 788 (1998) (“It is axiomatic that the right of an individual to engage in any of the common occupations of life is among the several fundamental liberties protected by the due process and equal protection clauses of the Fourteenth Amendment. Therefore, for example, a statute constitutionally can prohibit an individual from practicing a lawful profession only for reasons related to his or her fitness or competence to practice that profession."). ↑
Cal. Bus. & Prof. Code §§ 4301, 4311. ↑
16 CCR § 868. ↑
Cal. Bus. & Prof. Code § 480(a). ↑
Cal. Bus. & Prof. Code § 482. ↑
See 10 Cal. Code Regs. § 2911. ↑
Cal. Bus. & Prof § 480(3)(b) and Cal. Bus & Prof § 480(3)(c). ↑
Cal. Bus. & Prof. Code § 480.5. Important exception: This new law does NOT cover chiropractic licenses, so if you apply for a chiropractic license and completed some of the requirements while incarcerated, the Board of Chiropractic Examiners CAN delay or deny your application for this reason. ↑
See, e.g., 10 Cal. Code Regs. § 2911(a) (Department of Real Estate rehabilitation criteria requires “[t]he passage of not less than two years since the most recent criminal conviction or act of the applicant that is a basis to deny the departmental action sought. (A longer period will be required if there is a history of acts or conduct substantially related to the qualifications, functions or duties of a licensee of the department.). ↑
See Donley v. Davis, 180 Cal. App. 4th 447, 467, 469 (2009) (upholding licensing board determination that there was “not sufficient evidence of rehabilitation” where the applicant’s conviction was “relatively recent and he [had] just finished probation”). ↑
See, e.g., 16 Cal. Code Regs. § 325 (probationary licenses for chiropractors). ↑
Cal. Bus. & Prof. Code §§ 485, 487. Important exception: The California Department of Insurance has the power to deny or revoke an insurance broker license without any hearing, if you have been convicted of a felony or any Insurance Code misdemeanor, or if you have had any professional license denied, revoked or suspended within the past 5 years. Cal. Ins. Code § 1669. ↑
Cal. Bus. & Prof. Code § 482; see also Arneson v. Fox, 28 Cal.3d 440, 449 (1980). ↑
Cal. Bus. & Prof. Code § 490. ↑
Cal. Gov’t Code § 11522. ↑
See, e.g., 16 Cal. Code Regs. § 1445.1 (petition for reinstatement of registered nursing license). ↑
See, e.g., Cal. Bus. & Prof. Code § 2661.7 (petition for reinstatement of physical therapy license); see also, e.g., 16 Cal. Code Regs. § 1399.372.5 (mandatory completion of law and professional ethics course prior to petition for reinstatement of respiratory care license). ↑
Cf. Cal. Bus. & Prof. Code § 480.5; In re Gossage, 23 Cal. 4th 1080, 1099 (2000) (in reinstatement proceeding, relevant time frame for assessing petitioner’s rehabilitation begins upon completion of parole; “little weight” should be given to petitioner’s good conduct while incarcerated). ↑
Cal. Gov’t Code § 11522. ↑
See, e.g., 16 Cal. Code Regs. § 1445.1(b) (petitioner bears burden of proving rehabilitation, according to specified criteria). ↑
In re Gossage, 23 Cal. 4th 1080, 1099 (2000). ↑
See, e.g., 16 Cal. Code Regs. §§ 1445 (criteria for rehabilitation for registered nursing license), 1399.372 (criteria for rehabilitation of respiratory care license). ↑
Telephone call with Mary Weaver, Executive Director, Friends Outside in LA County (March 23, 2015). ↑
Cal. Gov’t Code §§ 12925-12928. ↑
Cal. Gov’t Code §§ 12925-12928. ↑
Cal. Gov’t Code §§ 12925-12928. ↑
42 U.S.C. §§ 12114(a)-(b), 12210; Cal. Gov’t Code § 12926; 2 Cal. Code Regs. § 7293.6. ↑
Crewe v. U.S. Office of Personnel Mgmt, 834 F. 2d 140 (8th Cir. 1987). ↑
42 U.S.C. § 12114(a),(c); 2 Cal. Code Regs. § 7294.2(d)(2). ↑
42 U.S.C. §§ 12114(a)-(b), 12210 (Americans with Disabilities Act); Cal. Gov’t Code § 12926; 2 Cal. Code Regs. § 7293.6. ↑
Crewe v. U.S. Office of Personnel Mgmt., 834 F. 2d 140 (8th Cir. 1987). ↑
For example, an employer could choose to provide a different type of accommodation that is less expensive or less burdensome, so long as the different accommodation is effective at removing the particular employment barriers you face. EEOC, Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act, No. 915.002 (Oct. 17, 2002). ↑
EEOC, Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act, No. 915.002 (Oct. 17, 2002). ↑
See Cal. Dep’t of Fair Emp’t & Hous., Fair Employment and Housing Act. ↑
See U.S. Airways v. Barnett, 535 U.S. 391, 397 (2002). ↑
Cal. Gov’t Code § 12981(a); 2 Cal. Code Regs. § 10063. ↑
Unruh Civil Rights Act, Cal. Civ. Code § 51 et seq. ↑
See Head v. Glacier Nw. Inc., 413 F.3d 1053 (2005) (holding that the ADA outlaws adverse employment decisions motivated, even in part, by animus based on a plaintiff’s disability or request for an accommodation). ↑
42 U.S.C. § 12102(2)(A) (defining disability as “a physical or mental impairment that substantially limits one or more . . . major life activities”). There are many ways to prove that alcohol/drug addiction substantially limited one or more major life activities. For example, you could testify (speak in court) or write an affidavit (legal letter) about how your own addiction, at one time, made you unable to care for yourself or your family, or substantially limited one or more major body functions. You could also provide affidavits or testimony of family members or others. It is not necessary to provide evidence from a treatment program, though that certainly can be helpful. ↑
Cal. Gov’t Code § 12926(l)(S)(iii)(6). ↑
See Campbell v. Minneapolis Pub. Housing Auth., 168 F.3d 1069 (8th Cir. 1999) (“The MPHA indicated it was denying [Campbell’s] application for the following reasons: . . . you have recently used illicit drugs and have a problem with alcohol.”). ↑
See United States v. S. Mgmt. Corp., 955 F.2d 914, 916 (4th Cir. 1992) (finding a private apartment complex to have violated the FHA by refusing to rent units to a community drug and alcohol rehabilitation board for its participants who had remained drug-free for one year). ↑
Electronic communication from Mary Weaver, Executive Director, Friends Outside in Los Angeles County, Jan. 29, 2015; electronic communication from Mario Rodriguez, South Bay Workforce Investment Board, Jan. 29, 2015. ↑
Jails to Jobs, Interview Tips, http://jailstojobs.org/html/interview_tips.html . ↑
Jails to Jobs, After the Interview, http://jailstojobs.org/html/after_interview.html . ↑
Calif. Employer Advisory Council, EDD Fidelity Bonding Program—An Employment Incentive, http://ceac.org/employers/ask_the_edd_expert/edd_fidelity_bonding_program/ . ↑
See Cal. Employment Development Department, Attention All Job Seekers (2013), http://www.edd.ca.gov/pdf_pub_ctr/de8401.pdf for a complete listing of acceptable documents. ↑
There is an EDD office locator available online. Calif. Employment Development Dep’t, Office Locator, http://www.edd.ca.gov/office_locator/ . ↑
Telephone call with Gil Barkley, (backup) State Bonding Coordinator, EDD, Feb. 17, 2015. The EDD will also want to make sure that the employer is not simply exploiting you for free insurance coverage and then getting rid of you after the first 6 months of free coverage is over. ↑
Telephone call with Maria Alexander and Mary Weaver, Friends Outside in Los Angeles County, Jan. 21, 2015. ↑
Telephone call with Gil Barkley, (backup) State Bonding Coordinator, EDD, Feb. 17, 2015. ↑
To find offices in your area, visit the EDD website at http://www.edd.ca.gov/Office_Locator/ and select “America’s Job Center of California (formerly known as One-Stop Career Centers).” ↑
Cal. Lab. Code § 432.9(a). ↑
NELP, Ban the Box: U.S. Cities Counties, and States Adopt Fair Hiring Policies to Reduce Unfair Barriers to Employment of People with Criminal Records, at 1, 62. ↑
NELP, Ban the Box Resource Guide at 18-46, 62. ↑
S.F. Police Code, Art. 49, San Francisco’s Fair Chance Ordinance. ↑
S.F. Police Code, Art. 49, San Francisco’s Fair Chance Ordinance. ↑
S.F. Admin. Code § 12T. ↑
S.F. Police Code, Art. 49, San Francisco’s Fair Chance Ordinance. ↑
S.F. Police Code, Art. 49, San Francisco’s Fair Chance Ordinance. ↑
S.F. Police Code, Art. 49, San Francisco’s Fair Chance Ordinance. ↑
S.F. Police Code, Art. 49, San Francisco’s Fair Chance Ordinance. ↑
S.F. Police Code, Art. 49, San Francisco’s Fair Chance Ordinance. ↑
Telephone call with Donna Mandel, Compliance Officer, SF Office of Labor Standards (Feb. 20, 2015). In addition, the law has an unfortunate loophole that allows employers to lawfully reject an applicant if the conviction is “directly-related” the position, and OLSE has NO authority to judge or enforce what qualifies as a “directly-related conviction.” S.F. Police Code §§ 4904(f), 4909(a)(1) (San Francisco’s Fair Chance Ordinance, effective Aug. 13, 2014). ↑
Municipal Code of the City of Richmond, Article II, Chapter 2.65.010. ↑
Municipal Code of the City of Richmond, Article II, Chapter 2.65.040. ↑
Municipal Code of the City of Richmond, Article II, Chapter 2.65. ↑
42 U.S.C. § 2000e-2. ↑
42 U.S.C. § 2000e-2. ↑
EEOC, Enforcement Guidance at § V(A)(2). See also Green v. Missouri Pac. R. Co., 523 F.2d 1290, 1298 (8th Cir. 1975). ↑
42 U.S.C. § 2000e-4. ↑
Cal. Gov’t Code § 12940 et seq. See also, e.g., Rodriguez v. Airborne Express, 265 F.3d 890, 902 n.4 (9th Cir. 2001) (“[Courts] may look to federal authority regarding Title VII and similar civil rights statutes when interpreting analogous statutory provisions of [California’s Fair Employment & Housing Act].”). ↑
42 U.S.C. § 2000e-4. ↑
EEOC Enforcement Guidance at § V(B)(6). ↑
EEOC Enforcement Guidance at § V(B)(9). ↑
EEOC, Mediation, http://www.eeoc.gov/employees/mediation.cfm . ↑
EEOC, The Charge Handling Process, http://www.eeoc.gov/employees/process.cfm . ↑
EEOC, The Charge Handling Process, http://www.eeoc.gov/employees/process.cfm . ↑
EEOC, The Charge Handling Process, http://www.eeoc.gov/employees/process.cfm . ↑
Cal. Gov’t Code § 12960 et seq. See also DFEH, Complaint Process, http://www.dfeh.ca.gov/Complaints_ComplaintProcess.htm ; DFEH, Employment Complaint Process, http://www.dfeh.ca.gov/Complaints_eCompProc.htm . ↑
The form is also available at http://www.dfeh.ca.gov/res/docs/PCI/Pre Complaint Inquiry—Employment.pdf . ↑
Cal. Gov’t Code § 12965(b). ↑
You must file the lawsuit within one year from the date on the Right-to-Sue notice, NOT from when you actually receive the notice. See Hall v Goodwill Industries of Southern Cal., 193 Cal. App. 4th 718 (2011). ↑
DFEH, Instructions to Obtain a Right-to-Sue Notice, http://www.dfeh.ca.gov/res/docs/Complaints/Right to Sue form (3 pages).pdf . ↑
In most cases, state and federal civil rights laws are very similar, so any discrimination would violate both California state law and federal Title VII. In these situations, the DFEH will also file your complaint with the EEOC. However, there are some situations where California law provides MORE protection than federal law, so certain behavior by an employer would only violate state law but NOT Title VII. In these situations, the DFEH will investigate your complaint on its own, but will not file a copy of the complaint with the EEOC. ↑
Cal. Gov’t Code § 12965(b). ↑
Cal. Bus. & Prof. Code § 485(a). ↑
Cal. Gov’t Code § 11504. ↑
Cal. Bus. & Prof. Code § 485(b). ↑
Cal. Gov’t Code § 11506(d). ↑
See, e.g., In the Matter of the Accusation Against: Bertha Sandoval Arroyo, Case No. DBC 2008-85, available at http://www.dbc.ca.gov/public/rda54530_20090827_stip.pdf ; In the Matter of: Robert Sal Buchberger, Case No. 2000-151, available at http://rn.ca.gov/public/rn471462.pdf ; In the Matter of the Accusation Against: Elizabeth Oberholtzer, Case No. 1D 2009 67851, available at http://www.ptbc.ca.gov/consumers/enforcement/oberholtzer_stip.pdf ; In the Matter of the Accusation Against: Kenneth E. Roberson, Ph.D., Case No. 1F-2007-182250, available at http://www.psychboard.ca.gov/public/psy11958_2010_07_27_dec.pdf.pdf . ↑
You will have the right to notice and a hearing before the board revokes your license. ↑
See Suzanne Taylor, Cal. Dept. of Consumer Affairs—Board of Psychology, What Are Stipulated Settlements, http://www.psychology.ca.gov/consumers/settlements.shtml . Frederick M. Ray, The Stipulated Settlement, California License Law Blog, http://www.californialicenselawblog.com/tags/stipulated-settlement/ . ↑
Cal. Gov’t Code § 11500 et seq. ↑
See Frederick M. Ray, FAQs about California Licensing Matters, http://www.calicenselaw.com/Frequently-Asked-Questions.aspx . ↑
79 C.F.R. § 14617. ↑
13 C.F.R. § 120.110(n). ↑
Cal. Lab. Code §§ 3351-53. ↑
Cal. Lab. Code § 3357. ↑
See Cal. Dep’t of Fair Employment and Housing, Employment Discrimination Based on Disability, http://www.dfeh.ca.gov/res/docs/Publications/Brochures/2015/DFEH-184.pdf . ↑
EEOC, Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act, No. 915.002 (Oct. 17, 2002). ↑
42 U.S.C. § 12111(3). See also Cal. Dep’t of Fair Employment and Housing, Employment Discrimination Based on Disability, http://www.dfeh.ca.gov/res/docs/Publications/Brochures/2015/DFEH-184.pdf . The ADA permits employers to require, as a job qualification, that an individual not “pose a direct threat to the health or safety of other individuals in the workplace.” Moreover, an employer may impose such a requirement even if an employer’s reliance on such a qualification might “screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability.” 42 U.S.C. § 12113(a)-(b). ↑
29 C.F.R. § 1630.2(r). The employer must consider factors including: the duration of the risk; the nature and severity of the potential harm; the likelihood that the potential harm will occur; and the imminence of the potential harm. ↑
29 C.F.R. § 1630.2(r). See also EEOC, EEOC Technical Assistance Manual on the ADA, § 8.7. An employer may not deny employment to someone with a disability “merely because of a slightly increased risk. The risk can only be considered when it poses a significant risk, i.e., high probability of substantial harm; a speculative or remote risk is insufficient.” ↑
See EEOC, EEOC Technical Assistance Manual on the ADA, § 8.7. “An employer cannot prove a ‘high probability’ of substantial harm simply by referring to statistics indicating the likelihood that addicts or alcoholics in general have a specific probability of suffering a relapse. A showing of ‘significant risk of substantial harm’ must be based upon an assessment of the particular individual and his/her history of substance abuse and the specific nature of the job to be performed.” ↑
29 C.F.R. § 1630.2(r). ↑
Cal. Gov’t Code § 12940(a)(1)-(2). ↑
See Cal. Dep’t of Fair Employment and Housing, Disability Discrimination and Reasonable Accommodation, http://www.dfeh.ca.gov/res/docs/ppt/Disability%20Discrimination%20and%20Reasonable%20Accommodation%20pc%202-5-13.ppt . ↑
EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act, No. 915.002, Oct. 17, 2002. ↑
.Los Angeles Municipal Code, Article 9 § 189. ↑
.Los Angeles Municipal Code, Article 9 § 189.02. ↑
Los Angeles Municipal Code, Article 22 § 10.48. ↑
Los Angeles Municipal Code, Article 9 § 189.07. ↑
Los Angeles Municipal Code, Article 9 § 189.03(B). ↑
See http://bca.lacity.org/ for more information and to download a copy of the complaint form. ↑
Los Angeles Municipal Code, Article 9 § 189.10. ↑
Los Angeles Municipal Code, Article 9 § 189.08. ↑
Cal. Const., art. I, § 28(b)(13) (Marsy’s Law). ↑
Cal. Penal Code § 1202.4(m) (restitution payments are a mandatory condition of probation.) ↑
See Cal. Penal Code §§ 422.85, 1203.1(e), 1214.5 (examples of restitution fines that may be ordered as conditions of probation). ↑
Cal. Penal Code § 1203.097(a)(5)) (domestic violence fine); Cal. Veh. Code § 23645 (DUI fines). ↑
See People v. Pacheco, 187 Cal. App. 4th 1392, 1402-03 (2010) (collateral, non-punitive fines and fees are not permissible as conditions of probation; court security fee not permissible condition of probation); People v. Hart, 65 Cal. App. 4th 902, 906-07 (1998) (attorneys’ fees and probation costs not permissible conditions of probation); People v. Flores, 169 Cal. App. 4th 568, 578 (2003) (costs of probation supervision, presentence investigation, and attorneys’ fees not permissible conditions of probation). ↑
Cal. Gov’t Code §§ 29550(c), 29550.1, 29550.2. ↑
Cal. Penal Code § 1202.4(b)-(g). ↑
Cal. Penal Code § 1202.4(a) & (f). ↑
Cal. Penal Code §§ 1202.4(f), 1202.46 (The court may order victim restitution at a later time if the victim’s losses are not yet determined at the time of sentencing). ↑
Cal. Penal Code § 1202.4(b). ↑
Cal. Penal Code § 1001.90. ↑
Cal. Penal Code § 1192.3; People v. Harvey, 25 Cal.3d 754 (1979). ↑
Cal. Penal Code §§ 1202.4, 1202.44, 1202.45. ↑
11 U.S.C. § 523(a)(7). ↑
Prior to 2008, judges had statutory authority under Penal Code sections 1203.3(b)(4) and 1202.4 to waive restitution for any “extraordinary or compelling reason.” California’s adoption of Marsy’s Law amended the state constitution to remove all language allowing the waiver of victim restitution, thereby “effectively negat[ing]” the above statutory provisions. See Cal. Judge’s Benchguide § 83.77 (2014). ↑
Cal. Penal Code 1202.4(a)(3). ↑
Cal. Dep’t of Corr. & Rehab., An Adult Offender’s Guide to Restitution, http://www.cdcr.ca.gov/victim_services/docs/adult_offender_guide.pdf . ↑
Cal. Penal Code § 1202.4(f). ↑
Cal. Penal Code §§ 1202.4(a), 1464; Cal. Gov’t Code § 76000; see also Cal. Penal Code § 672 (court has discretion to impose fines in addition to imprisonment, even where no fine is provided by the statute of conviction). ↑
Cal. Penal Code §§ 1202.4(a), 1464; Cal. Gov’t Code § 76000. The state can also charge additional fines for specific types of offenses. See Cal. Health & Safety Code § 11372.5(a) (drug offenses); Cal. Penal Code §§ 230.3 (sex offenses), 647.1 (prostitution and lewd conduct), 1202.5 (theft offenses); Cal. Veh. Code § 23645 (DUI offenses). ↑
Cal. Penal Code § 1203.1(a). ↑
See Cal. Veh. Code § 23645 (DUI offenses); Cal. Penal Code § 1202.5 (theft offenses). ↑
Cal. Penal Code § 1202.4(c) (court not required to consider inability to pay restitution fine unless fine is greater than the statutory minimum); see also People v. Long, 164 Cal. App. 3d 820 (1985) (providing that the trial court did not err in imposing a criminal restitution fine without considering defendant’s ability to pay). ↑
See Cal. Gov’t Code §§ 27712 (public defender fees), 29550, 29550.1, 29550.2 (jail booking fees); Cal. Penal Code §§ 987.5; 987.8 (presentence investigation costs and attorney fees), 1463.07 (administrative screening fee), 1465.8 (court security fee), 2085.5(e), (f), (i) (administrative fee for collection of restitution payments by CDCR and/or county jail). ↑
People v. Pacheco, 187 Cal. App. 4th 1392, 1402-03 (2010) (collateral, non-punitive fines and fees are not permissible as conditions of probation; court security fee not permissible condition of probation); People v. Hart, 65 Cal. App. 4th 902, 906-07 (1998) (attorneys’ fees and probation costs not permissible conditions of probation); People v. Flores, 169 Cal. App. 4th 568, 578 (2003) (costs of probation supervision, presentence investigation, and attorneys’ fees not permissible conditions of probation). ↑
Cal. Gov’t Code §§ 29550(c), 29550.1, 29550.2. ↑
See Cal. Gov’t Code §§ 29550(c), (d)(2), 29550.2(a) (criminal justice administration fee requires determination that defendant has ability to pay); Cal. Penal Code §§ 987.8(b), (g)(2) (public defender fee), 1203.1b (probation supervision fee). In some cases, you have the right to a court hearing to determine whether you are able to pay the fee. See, e.g., Cal. Penal Code §§ 987.8 (cost of legal assistance), 1203.1b (cost of probation), 1203.1c (cost of incarceration in local jail), 1203.1e (cost of parole supervision), 1203.1m (cost of imprisonment); cf. Cal Penal Code § 1203.1f (consolidation of ability-to-pay hearings). ↑
Cal. Gov’t Code § 68631 et. seq. ↑
Cal. Penal Code §§ 1202.4(f)(3)(G) (10% interest on victim restitution debt),1203.1(l) (15% administrative fee on victim restitution), 1202.4(l)) (10% administrative fee on restitution fine). ↑
Cal. Penal Code § 2085.5 (e), (f), (i) (as amended by 2014 Cal. Legis. 513 (S.B. 419)). ↑
Cal. Penal Code § 1214.1(a) (court will impose a penalty for failure to appear or failure to pay unless good cause is shown; incarceration is considered good cause). ↑
Cal. Rev. & Tax Code § 19280(a)(2)(A). ↑
Cal. Veh. Code § 40508.5 (authorizing $15 assessment for failure to appear and/or other violation). ↑
Cal. Veh. Code § 40508.6 (authorizing $10 assessment for suspension of driver license due to unpaid debt). ↑
Telephone interview with Bonnie Sloan, Division Manager, Court Collections, Yuba County Superior Court (Feb. 23, 2015); Telephone interview with Genevieve Harrington, Supervisor, Central Collections, Butte County Superior Court (Feb. 23, 2015); Telephone interview with David (no last name given), Collector, Fresno County Revenue Collections Unit, (Feb. 23, 2015). See also Cal. Penal Code § 1463.007 (authorizing collection of delinquent court-ordered debt by county). ↑
Cal. Rev. & Tax Code § 19280 (court can refer unpaid debts to the FTB starting 90 days after the date when the debt was due). ↑
Cal. Penal Code §§ 1202.4(m), 1203.1. ↑
Cal. Penal Code § 273.5 (domestic violence fines); Cal. Gov’t Code §§ 29550, 29550.1, 29550.2(a) (jail booking fees). ↑
Cal. Penal Code § 1203.3(b)(4); People v. Cookson, 54 Cal.3d 1091 (1991); People v. Medeiros, 25 Cal. App. 4th 1260 (1994) (in extreme cases, the court can even revoke your probation if it determines that you are willfully not paying your debts); see also CDCR, Department Operations Manual §§ 81080.1 (early discharge from parole), 81080.1.1 (annual parole discharge review). ↑
Cal. Penal Code § 1203.4; People v. Covington, 82 Cal. App. 4th 1263 (2000); People v. Chandler, 203 Cal. App. 3d 782 (1988). But see People v. Seymour, Case No. H040560 (Santa Clara County, Super. Ct. No. CC955665), it is unclear whether you can be denied mandatory expungement because of unpaid fines and reimbursements. However, you cannot be denied mandatory expungement because you still owe restitution. See PG. 1053. ↑
Cal. Penal Code § 11177.2 (parolee or inmate not permitted to be released to another state if subject to an unsatisfied order of restitution); see generally Cal. Penal Code § 1203.9(a)(3);Cal. Rules of Court, Rule 4.530 (f)(3) (ability to pay restitution order a factor in determining whether an inter-county transfer is appropriate); see also Cal. Dep’t Corr. & Rehab., An Adult Offender’s Guide to Restitution (2007). ↑
15 Cal. Code Regs. §§ 3721(b)(2), 3730 (parole); Cal. Penal Code § 1203.3(b)(4) (probation). ↑
People v. Guillen, 218 Cal. App. 4th 975, 985-90 (2013) (unpaid restitution fines—like victim restitution—survive after defendant’s probation term has ended, regardless of whether defendant was discharged upon successful completion or had his/her probation revoked). ↑
Cal. Penal Code § 1202.4(m), (n) (general restitution payments are a mandatory condition of probation). ↑
Cal. Penal Code § 1214.5. ↑
Cal. Gov’t. Code §§ 29550(c), 29550.1, 29550.2. ↑
Cal. Penal Code §§ 273.5, 1203.097. ↑
Cal. Veh. Code § 23645. ↑
Cal. Penal Code §§ 1203.1(e). ↑
Cal. Penal Code § 422.85. ↑
Cal. Penal Code § 278.6. ↑
See People v. Pacheco, 187 Cal. App. 4th 1392, 1402-03 (2010) (collateral, non-punitive fines and fees are not permissible as conditions of probation; court security fee not permissible condition of probation); People v. Hart, 65 Cal. App. 4th 902, 906-07 (1998) (attorneys’ fees and probation costs not permissible conditions of probation); People v. Flores, 169 Cal. App. 4th 568, 578 (2003) (costs of probation supervision, presentence investigation, and attorneys’ fees not permissible conditions of probation). ↑
Cal. Penal Code §§ 1465.8 (court security fee), 1203.1b (probation supervision fee, probation report costs), 987.8 (attorney fees and presentence investigation costs); see also Cal. Penal Code § 1463.07 (administrative screening fee); Cal. Veh. Code § 23645 (alcohol abuse education fee). ↑
Cal. Gov’t Code §§ 29550(c), 29550.1, 29550.2. ↑
Cal. Penal Code §§ 1214 (victim restitution and restitution fines enforceable and collectable as civil money judgments), 1202.42 (enforcement of victim restitution); Cal. Rev. & Tax Code § 19280 et seq. (collection of court-ordered debts by Franchise Tax Board); Cal. Code of Civ. Proc. § 680.010 et seq. (enforcement of civil judgments); see also Cal. Franchise Tax Board, Nontax Debt Collections, https://www.ftb.ca.gov/aboutFTB/ND_2011_12.pdf (rev’d Aug. 1, 2012). ↑
Cal. Penal Code § 1214; Cal. Code of Civ. Proc. § 706.020 et seq. ↑
Cal. Code of Civ. Proc. §§ 697.530, 697.620. ↑
Cal. Penal Code § 1214; Cal. Code of Civ. Proc. §§ 695.010, 697.530. ↑
Cal. Veh. Code § 40508.6. If your debt has already been referred to the Franchise Tax Board for collection, there is a special payment process to expedite (speed up) the return of your driver license. For instructions, see https://www.ftb.ca.gov/online/Court_Ordered_Debt/payment.shtml . ↑
Cal. Rev. & Tax. Code §§ 19280, 18670; Cal. Penal Code § 3000.05; see also Cal. Franchise Tax Board, Court–Ordered Debt (COD)—Frequently Asked Questions (Debtor), https://www.ftb.ca.gov/online/Court_Ordered_Debt/faq_debtor.shtml#q3 . ↑
Cal. Penal Code §§ 853.7-53.8. You can also be charged extra fees for failing to appear and for the cost of issuing the arrest warrant. See Cal. Penal § 853.7a; Cal. Veh. Code § 40508.5. ↑
Cal. Penal Code § 1203.4 (mandatory dismissal under statute requires payment of all debt ordered as a condition of probation); People v. Covington, 82 Cal. App. 4th 1263 (2000) (defendant who owed outstanding restitution after probation terminated was not entitled to mandatory dismissal, despite having made all required payments during probation period); People v. Chandler, 203 Cal. App. 3d 782 (1988) (defendant who failed to pay off all restitution during term of probation was not entitled to mandatory dismissal). ↑
Nat’l. Consumer Law Ctr., The Truth About Credit Reports & Credit Repair Companies, http://www.nclc.org/images/pdf/older_consumers/english_brochures/eng_truth_about_credit_reports.pdf . ↑
Nat’l. Consumer Law Ctr., The Truth About Credit Reports & Credit Repair Companies, http://www.nclc.org/images/pdf/older_consumers/english_brochures/eng_truth_about_credit_reports.pdf . ↑
Credit Karma, “Will Civil Judgments Be Reflected on my Credit Report?,” https://www.creditkarma.com/article/civil-judgments-on-credit-report ; Sup. Court of Santa Clara County, Santa Clara Civil Grand Jury Inquiry into the Collection of Adult Restitution (2003-2004), http://www.scscourt.org/court_divisions/civil/cgj/2004/CollectionofAdultRestitution.pdf . ↑
Credit Karma, “Will Civil Judgments Be Reflected on my Credit Report?,” https://www.creditkarma.com/article/civil-judgments-on-credit-report ; see also CreditCards.com, “How a DUI can tank your credit,” http://www.creditcards.com/credit-card-news/dui-drunk-driving-credit-score-impact-1267.php . ↑
Cal. Penal Code § 1214. ↑
Credit Karma, “Will Civil Judgments Be Reflected on my Credit Report?,” https://www.creditkarma.com/article/civil-judgments-on-credit-report . ↑
Cal. Code of Civ. Proc. §§ 704.010–.210, 706.050–.051. ↑
Cal. Code of Civ. Proc. § 706.122; see also The Judicial Council of California, Paying the Judgment, http://www.courts.ca.gov/1319.htm . ↑
Cal. Code of Civ. Proc. § 703.520; see also The Judicial Council of California, Paying the Judgment, http://www.courts.ca.gov/1319.htm . ↑
Cal. Franchise Tax Board, Court–Ordered Debt (COD)—Frequently Asked Questions (Debtor), https://www.ftb.ca.gov/online/Court_Ordered_Debt/faq_debtor.shtml#q3 ; see also Cal. Franchise Tax Board, Nontax Debt Collections, https://www.ftb.ca.gov/aboutFTB/ND_2011_12.pdf (rev’d Aug. 1, 2012). ↑
Cal. Franchise Tax Board, Court–Ordered Debt (COD)—Frequently Asked Questions (Debtor), https://www.ftb.ca.gov/online/Court_Ordered_Debt/faq_debtor.shtml#q3 ; see also Cal. Franchise Tax Board, Nontax Debt Collections, https://www.ftb.ca.gov/aboutFTB/ND_2011_12.pdf (rev’d Aug. 1, 2012). ↑
Cal. Penal Code § 1205. ↑
Cal. Veh. Code §§ 463, 40200. ↑
Cal. Veh. Code § 40610. ↑
Cal. Rules of Court § 4.105. There are three exceptions when the judge may or must require you to “post bail” for an infraction ticket before your court date: (1) The judge must require you to post bail if you choose to pay or challenge the ticket through certain legal procedures that require bail to be posted beforehand (for example, pleading guilty and paying the ticket without going to court, under Cal. Veh. Code §§ 40510 or 40521; or challenging your ticket through a trial by written declaration, under Cal. Veh. Code § 40902); (2) The judge may require you to “post bail” if you do not sign a written promise to appear in court; (3) The judge may require you to “post bail” if he or she finds that you are unlikely to appear for your court date without posting bail beforehand, and specifically states the reasons for his/her decision. Cal. Rules of Court § 4.105(c). This new rule only applies to infraction tickets, not to misdemeanor tickets. ↑
See Cal. Veh. Code § 40215. ↑
Cal. Veh. Code § 4760. ↑
Cal. Penal Code § 19.6. ↑
Cal. Veh. Code §§ 1808(b), 12810 (most minor traffic offenses will remain on your record for 3 years from the violation date and count as 1 point on your driving record. More serious convictions will remain on your record for longer periods (7 or 10 years) and add more points to your record); see also Dep’t of Motor Vehicles, Vehicle Code Violations used in Negligent Operator Counts, https://www.dmv.ca.gov/portal/dmv/detail/dl/vioptct . ↑
Cal. Veh. Code §§ 1803.5, 41501, 1808.7, 1808.10, 41501; 13 Cal. Code Regs. § 345.00 et seq.; Cal. Rules of Court § 4.104 (2014); see also Judicial Council of Cal., Traffic School, http://www.courts.ca.gov/9410.htm . ↑
Cal. Veh. Code § 40901; see also Judicial Council of Cal., Cal. Courts, Traffic Trial, http://www.courts.ca.gov/8450.htm . ↑
Cal. Veh. Code § 40902-03; see also Judicial Council of Cal., Cal. Courts, Traffic Trial, http://www.courts.ca.gov/8450.htm#tab9275 . ↑
Cal. Veh. Code §§ 40150-53, 40610-18, 40303.5, 40522; see also Judicial Council of Cal., Correctable Violations “Fix-It” Tickets, http://www.courts.ca.gov/9529.htm . ↑
Judicial Council of Cal., Traffic Trial, http://www.courts.ca.gov/8450.htm . ↑
Cal. Veh. Code §§ 40509 (failure to pay fines or appear in court), 12807-08.1 (denial of drivers’ license for failure to pay fines or appear in court), 40616-18 (failure to correct violation or provide proof of correction), 40604 (issuance of warrant). See also A New Way of Life Reentry Project et al, Not Just a Ferguson Problem: How Traffic Courts Drive Inequality in California (2015), http://www.lccr.com/wp-content/uploads/Not-Just-a-Ferguson-Problem-How-Traffic-Courts-Drive-Inequality-in-California-4.20.15.pdf . ↑
See, e.g., Cal. Veh. Code § 40310 (50% penalty for all traffic fines overdue by 20 days or more). ↑
Cal. Veh. Code §§ 40510.5, 40508; Cal. Penal Code § 1214.1. ↑
If your Driver License was suspended due to a Failure to Appear, Failure to Pay, or other failure to comply that is more than 5 years old, you may be able to purge (erase) the charge from your DMV record and reinstate your license by calling the DMV Mandatory Actions Line (916-657-6525). Exception: If the Failure to Appear was for a DUI (under Vehicle Code Sections 23152 or 23153) or vehicular manslaughter (under Penal Code Sections 191.5 or 192.5(a)), the charge may be purged after 10 years. Cal. Veh. Code § 12808(c). ↑
Cal. Veh. Code §§ 12500, 13553. ↑
Cal. Veh. Code § 40508.6(b) (Reissue fee); see also Cal. Dep’t of Motor Vehicles, Reissue Fees, https://www.dmv.ca.gov/portal/dmv/detail/online/refund/refundreissuefee . ↑
Cal. Veh. Code § 40508.6(b). ↑
Cal. Veh. Code § 40001. ↑
Cal. Veh. Code § 40616 et seq. ↑
Cal. Veh. Code §§ 40508-8.5; Cal. Penal Code §§ 853.7-53.8. ↑
Cal. Veh. Code § 4760(a)(1) (although the DMV does not issue tickets itself, it may put a hold on your Vehicle Registration if you have outstanding unpaid parking tickets). A Vehicle Registration hold prevents you from renewing your license until you resolve the underlying ticket and get the hold removed). ↑
Cal. Veh. Code § 4761. ↑
Cal. Veh. Code § 4761. ↑
Cal. Veh. Code §§ 4760, 4766. ↑
Communication with Eleanor Miller, reentry attorney, Pepperdine Legal Aid Clinic, week of March 2-6, 2015. ↑
Communication with Eleanor Miller, reentry attorney, Pepperdine Legal Aid Clinic, week of March 2-6, 2015. ↑
Cal. Veh. Code §§ 40508 (a), (b), (c), 40509.5. Although the DMV does not issue tickets itself, other courts and agencies can ask the DMV to put a hold on your Driver License if you failed to pay your traffic tickets or to appear in court when you were supposed to. ↑
Cal. Veh. Code §§ 40002, 40002.1. ↑
Cal. Veh. Code § 40508 (a); see also Failure to Appear, Superior Court of California County of Orange, http://www.occourts.org/directory/traffic/general-information/appearances/failure-to-appear.html. ↑
Legal Aid Foundation of Los Angeles, California Driver’s License Reinstatement Manual: A Legal Self-Help Guide at 5, http://lafla.org/pdf/DL_Manual_rev1-10.pdf . ↑
Cal. Veh. Code § 41500 (no prosecution for a non-felony violation of the Vehicle Code pending at the time of commitment to custody). ↑
Cal. Veh. Code § 41500(e). ↑
See Joseph v. Sup. Ct., 9 Cal. App. 4th 498 (1992). Violations that require the immediate suspension or revocation of the offender’s driver’s license include first DUI convictions resulting in injury, third DUI in 7 years, hit and run, reckless driving causing bodily injury, reckless driving in evading a police officer, and vehicular manslaughter. ↑
See People v. Lopez, 218 Cal. App. 4th Supp. 6 (2013). ↑
E-mail from Ask Traffic, California Superior Court “Guidelines for Dismissal Pursuant to Vehicle Code 41500” (on file with author) (Mar. 19, 2015). ↑
Cal. Veh. Code § 42008-08.7. ↑
18 U.S.C. §§ 3556, 3663, 3663A, 3664. ↑
18 U.S.C. § 3571. ↑
18 U.S.C. § 3571 et seq. ↑
18 U.S.C. § 3013. ↑
Cal. Penal Code § 2085.5; Cal. Dep’t Corr. & Rehab., An Adult Offender’s Guide to Restitution (Apr. 2007), http://www.cdcr.ca.gov/victim_services/docs/Adult_Offender_Guide.pdf . ↑
Cal. Penal Code § 2085.5; see also Office of Victim & Survivor Rights & Svcs., Cal. Dep’t of Corr. & Rehab., Offender Restitution Information FAQ, http://www.cdcr.ca.gov/victim_services/restitution_offender.html . ↑
Telephone Interview with Brandy (last name unknown), Agent, Office of Victim & Survivor Rights & Svcs., Cal. Dep’t of Corr. & Rehab. (Feb. 10, 2015); see also Cal. Rev. & Tax Code § 19280. ↑
Office of Victim & Survivor Rights & Svcs., Cal. Dep’t of Corr. & Rehab., Parolee Restitution Payment Instructions, http://www.cdcr.ca.gov/victim_services/parolee_payment_instructions.html ; Cal. Victim Comp. & Gov’t Claims Board, Your Restitution Responsibilities: A Brochure for Adult & Juvenile Offenders at 5 (rev’d May 2009), http://www.victimsofcrime.org/docs/restitution-toolkit/c5_ca-restitution-brochure-for-offenders.pdf?sfvrsn=2 . ↑
Telephone Interview with Brandy (last name unknown), Agent, Off. of Victim & Survivor Rights & Svcs., Cal. Dep’t of Corr. & Rehab. (Feb. 10, 2015); see also Office of Victim & Survivor Rights & Svcs., Cal. Dep’t of Corr. & Rehab., Offender Restitution Information FAQ, http://www.cdcr.ca.gov/victim_services/restitution_ftb.html . ↑
Cal. Judge’s Benchguide § 83.87. ↑
Cal. Penal Code § 1202.4(f)(1), ↑
People v. Waters (2015) 241 Cal.App.4th 822. ↑
See Cal. Veh. Code § 40200 et seq. ↑
See Cal. Veh. Code §§ 28001; 40000.7. ↑
See Cal. Veh. Code §§ 28001; 40000.7. ↑
Telephone interview with Carrie (last name unknown), Traffic Court Clerk, Superior Court of the County of Alameda (Feb. 10, 2015). ↑
Judicial Council of Cal., Uniform Bail & Penalty Schedules at (2014), http://www.courts.ca.gov/documents/2014-JC-BAIL.pdf . ↑
Cal. Penal Code § 2085.5 (money collected will be used to pay off direct orders (victim restitution) first, and then restitution fines). The law also authorizes CDCR and/or the county collection agency to deduct a 10% administrative fee, in addition to the restitution payments collected. ↑
Cal. Penal Code § 2085.5. ↑
Per conversation with representative from CDCR Victim Services. ↑
Office of Victim & Survivor Rights & Svcs., Cal. Dep’t of Corr. & Rehab., Offender Restitution Information FAQ, http://www.cdcr.ca.gov/victim_services/restitution_offender.html ; see also Office of Victim & Survivor Rights & Svcs., Cal. Dep’t of Corr. & Rehab., Parolee Restitution Payment Instructions, http://www.cdcr.ca.gov/victim_services/parolee_payment_instructions.html . You can also send money electronically through Jpay ( www.jpay.com ) or Access Secure Deposits ( www.inmatedeposits.com ). You CANNOT send money to CDCR through Western Union. ↑
CDCR Victim Services, Offender Restitution Information, Frequently Asked Questions, http://www.cdcr.ca.gov/victim_services/restitution_offender.html ; CAL PENAL CODE CA Pen Code: § 11177.2. ↑
Cal. Victim Comp. & Gov’t Claims Board, Your Restitution Responsibilities: A Brochure for Adult & Juvenile Offenders at 5 (rev’d May 2009), http://www.victimsofcrime.org/docs/restitution-toolkit/c5_ca-restitution-brochure-for-offenders.pdf?sfvrsn=2 . ↑
Cal. Penal Code §§ 1203.3, 1203.4, 1203.4(a)(1). ↑
Cal. Const., art. I, § 28(b)(13)(C) (Marsy’s Law); Cal. Penal Code §§ 1203.1d, 2085.5. ↑
See People v. Seymour, Case No. H040560 (Santa Clara County, Super. Ct. No. CC955665). ↑
Cal. Penal Code § 2085.5; Cal. Rev. & Tax Code § 19280; see also Office of Victim & Survivor Rights & Svcs., Cal. Dep’t of Corr. & Rehab., Offender Restitution Information FAQ, http://www.cdcr.ca.gov/victim_services/restitution_offender.html . ↑
Cal. Franchise Tax Board, Court–Ordered Debt (COD)—Frequently Asked Questions (Debtor), https://www.ftb.ca.gov/online/Court_Ordered_Debt/faq_debtor.shtml#q3 ; see also Cal. Franchise Tax Board, Nontax Debt Collections, https://www.ftb.ca.gov/aboutFTB/ND_2011_12.pdf (rev’d Aug. 1, 2012). ↑
SSN POMS GN 02410.223. ↑
SSN POMS GN 02410.223. ↑
CDCR Victim Services, Collecting Restitution, http://www.cdcr.ca.gov/victim_services/unclaimed_restitution.html . ↑
California Judges Benchguide 83: Restitution § 83.70; See also U.S. Dept. of Justice, Provisions Regarding Allowable restitution, https://www.justice.gov/usao-cdca/victimwitness/understanding-restitution . ↑
People v Runyan (2012) 54 C4th 849, 856–859. ↑
Telephone interview with Anita Lee, Legislative Analyst, Cal. Legislative Analyst Office (Feb. 12, 2015); see also Cal. Legislative Analyst Office, Restructuring the Court-Ordered Debt Process, 9 (Nov. 2014). ↑
Cal. Penal Code § 1205(e) (mandating payment of administrative fees for court installment plans on fines and fees). ↑
Cal. Veh. Code § 40509.5. ↑
Cal. Penal Code § 1214.1; Cal. Veh. Code § 40509.5. ↑
Cal. Dep’t of Corr. & Rehab., Parolee Information Handbook, http://www.cdcr.ca.gov/parole/_pdf/paroleehandbook.pdf . ↑
Cal. Penal Code § 1203(j); Cal. Gov’t Code § 27755. ↑
Cal. Gov’t Code § 27755(d). ↑
Cal. Penal Code § 1203.1(d). ↑
Not paying a fee or missing a payment because you were incarcerated and receiving a Failure to Appear citation as a result, is considered a “valid excuse” meaning you do not have to pay this fee. See Superior Court of Cal., Frequently Asked Questions, https://www.saccourt.ca.gov/traffic/faq.aspx . ↑
See Superior Court of Cal., Frequently Asked Questions, https://www.saccourt.ca.gov/traffic/faq.aspx . ↑
Cal. Veh. Code § 40510-10.5. See also Judicial Council of Cal. Traffic & Ticket Basics, http://www.courts.ca.gov/8452.htm . ↑
Cal. Veh. Code §§ 40150-53, 40610-18, 40303.5, 40522; Judicial Council of Cal., Correctable Violations (“Fix-It” Tickets), http://www.courts.ca.gov/9529.htm . ↑
Cal. Veh. Code §§ 41501, 42005. ↑
Cal. Veh. Code § 40512.6. ↑
Cal. Rules of Court, Rule 4.104. Procedures and eligibility criteria for attending traffic violator school, http://www.courts.ca.gov/9410.htm . ↑
Cal. Veh. Code § 42007–07.1. ↑
Cal. Veh. Code § 1808.7; but see § 1808.10 (conviction not confidential for holder of commercial driver license). ↑
Cal. Veh. Code § 42005; Cal. Rules of Court, Rule 4.104 (2015). ↑
Cal. Veh. Code § 40310 (50% penalty for all traffic fines overdue by 20 days or more). ↑
See Cal. Veh. Code § 42008.7. ↑
Cal. Veh. Code § 42008.7(e)(2). ↑
Cal. Veh. Code § 42008.7(c)(2). ↑
Cal. Veh. Code § 12808(c). Exception: If the Failure to Appear was for a DUI (under Vehicle Code Sections 23152 or 23153) or vehicular manslaughter (under Penal Code Sections 191.5 or 192.5(a)), the charge may be purged after 10 years. ↑
Cal. Penal Code § 1202.4(n); cf. 1202.4(c), (g). ↑
Marcus Nieto, Cal. Research Bureau, Who Pays for Penalty Assessment Programs in California? 19-26 (Feb. 2006), http://www.library.ca.gov/crb/06/03/06-003.pdf (judges can impose community service in place of fines and fees); Brennan Center, Criminal Justice Debt: A Barrier to Reentry at 42 n.75 (describing county-level variations); Interview with Buffy Hutchinson, Criminal Defense Attorney, San Francisco, Dec. 18, 2014. ↑
Cal. Penal Code §§ 1205(a), (b), 2900.5; People v. McGarry, 96 Cal. App. 4th 644, 652 (2002); see also Brennan Center for Justice, Criminal Justice Debt: A Barrier to Reentry at 50 n.138, n.142 (2010), http://brennan.3cdn.net/c610802495d901dac3_76m6vqhpy.pdf . ↑
Cal. Penal Code §§ 1203.4, 1203.4a; People v. Holman, 214 Cal. App. 4th 1438 (2013); People v. Guillen, 218 Cal. App. 4th 975 (2013). ↑
Cal. Const., art. I, § 28(b)(13) (Marsy’s Law); Cal. Penal Code §§ 1203.4, 1203.4a. ↑
Interview with Michele Vela-Payne, Supervising Probation Officer, Sacramento Cnty. Prob. Dep’t, Nov. 5, 2014. ↑
Cal. Penal Code § 1203.1d (allocation of partial payments). The older case may not be the most important one to pay off; for example, if you owe administrative fees on the older case, but you owe restitution or other fines that are conditions of probation on a newer case, making payments on the newer case is more important. ↑
Information adapted from Fed. Trade Comm’n, Debt Collection (Nov. 2013), http://www.consumer.ftc.gov/articles/0149-debt-collection . ↑
Privacy Rights Clearinghouse, Sample Letter – Stop Contact by Collection Agency (Sept. 15, 2009), https://www.privacyrights.org/Letters/debt2.htm . ↑
Sandra Villalobos Agudelo, Vera Institute, The Impact of Family Visitation on Incarcerated Youth’s Behavior and School Performance (2013), http://www.vera.org/sites/default/files/resources/downloads/impact-of-family-visitation-on-incarcerated-youth-brief.pdf (“Research shows that incarcerated adults who have strong relationships with loved ones do better in prison and pose less of a risk to public safety when they return to the community”). ↑
For exception to family reunification services, see Cal. R. Ct. 5.695(h)(6). ↑
By contrast, adoption does terminate the parental rights of the child’s legal or biological parents, and also creates a permanent parent/child relationship between the child and his/her adoptive parent. See Cal. Fam. Code § 7505(a) (cessation of parental authority upon appointment of guardian); Cal. Prob. Code § 2351(a) (custody rights of guardian); Cal. Welf. & Inst. Code § 366.26 (distinguishing between termination of parental rights and guardianship proceedings; contrast adoption, which terminates parental rights, with guardianship, which does not); In re Guardianship of Ann S., 45 Cal. 4th 1110, 1124 (2009) (probate guardianship suspends parental rights). ↑
See, e.g., In re Marriage of Gayden, 229 Cal. App. 3d 1510, 1517 (1991) (noting that visitation is a limited form of custody during the time visitation rights are being exercised). ↑
Cal. Fam. Code § 3100(a). ↑
Cal. Fam. Code § 3011 (A court will look at a parent’s criminal record “among any other factors it finds relevant” when making a decision about who cares for a child.); Cal. Penal Code § 11105 (b)(1). ↑
See Cal. Fam. Code § 3040 et seq. Please note that your full criminal record includes arrests that did not lead to convictions. See the Understanding and Cleaning Up Your Criminal Record Chapter on PG. 1022 for more information. ↑
Cal. Penal Code § 11105(a). ↑
Cal. Fam. Code § 3011 (In making a determination on what is the “best interests of a child,” the court can consider any “relevant” factors. The court must looks to all the circumstances bearing on the best interests of the minor child.”). ↑
Cal. Fam. Code §§ 3011(b), 3020(a), 3031, 3044. The judge will also consider any restraining or protective orders against you. Nonetheless, you may still be able to get custody by showing that you have completed all court-ordered treatment and/or behavioral programs (e.g., batterer’s treatment program, parenting classes, anger management, drug or alcohol treatment, or conditions of probation or parole); complied with all parole/probation/supervision requirements; complied with any restraining or protective orders against you; have not committed any further domestic violence; and that custody would be in your child’s best interest. Cal. Fam. Code § 3044(b). ↑
Cal. Fam. Code § 3030(b). The law is very strict in this instance and does not permit even supervised or conditional visitation. ↑
This applies to child abuse convictions under Cal. Penal Code §§ 273a, 273d, or 647. ↑
Cal. Fam. Code § 3030; see also Cal. Penal Code § 290. For child abuse convictions and registered sex offender registrants, the judge must find that there is “no significant risk to the child.” § 3030(a). For first-degree murder of the other parent, the judge must find that there is “no risk to the child’s health, safety and welfare.” § 3030(c). In both cases, the judge must state his/her reasons in writing or on the record. However, the judge may still permit supervised visitation in these cases. ↑
Parham v. J.R., 442 U.S. 584 (1979). ↑
Judicial Council of Cal., Parentage/Paternity (2015), http://www.courts.ca.gov/selfhelp-parentage.htm . ↑
Judicial Council of Cal., Parentage/Paternity (2015), http://www.courts.ca.gov/selfhelp-parentage.htm . (“The law will presume a person is a child’s other parent under the following circumstances (unless proved otherwise to a court). For example, John will be presumed to be the child’s other parent if: He was married to the child’s mother when the child was conceived or born; He attempted to marry the mother (even if the marriage was not valid) and the child was conceived or born during the “marriage”; He married the mother after the birth and agreed either to have his name on the birth certificate or to support the child; or He welcomed the child into his home and openly acted as if the child was his own. This concept is called “parentage by estoppel” and means that the court can find that a man is the legal father, even if he is not the biological father, if he has always treated the child as his own. The presumptions that apply to married couples also apply to those who entered into a registered domestic partnership after January 2005.”). ↑
See Cal. Fam. Code § 3102(a). ↑
See Cal. Fam. Code § 3103(a) (“Notwithstanding any other provision of law, in a proceeding described in Section 3021, the court may grant reasonable visitation to a grandparent of a minor child of a party to the proceeding if the court determines that visitation by the grandparent is in the best interest of the child.”). ↑
The judge must grant reasonable visitation rights to a parent unless it is shown that the visitation would be detrimental to the best interest of the child. Cal. Fam. Code § 3100(a). ↑
For more information on how your criminal record will be a factor in a judge’s decision regarding your custody/visitation rights, see PG. 796. Cal. Fam. Code §§ 3040 – 3041.5. ↑
Judicial Council of Cal., Restraining Orders, (2016) available at http://www.courts.ca.gov/1260.htm . ↑
Cal. R. Ct. rule 5.552(c); see also Charles S v Superior Court, 168 Cal. App. 3d 151 (1985) (A grandparent’s interest in the child has been ruled to sufficiently strong to warrant involvement in court proceedings in the past.) (setting the precedence that any relative who is interested in the welfare of the child has standing to participate in juvenile court proceedings). ↑
Helpful identifying information includes: your full name, your date of birth, your Social Security Number, your child’s full name, your child’s date of birth, your child’s Social Security Number, etc. To find the phone numbers and addresses of these courts, check online (for example, through a Google.com search), the local Yellow Pages, or call 2-1-1 or 4-1-1 “Information” (note: 4-1-1 usually costs $1.99 per call). You can also find a list of all California courts for every county by visiting the following website: http://www.courts.ca.gov/find-my-court.htm (click on “Contact”). ↑
Usually if there is a CPS case, then your parental rights have been restricted or terminated. For more information on termination of parental rights, read the section on juvenile dependency court, starting on PG. 804 below. ↑
See, e.g., Cal. Fam. Code §§ 3020(b), 3100(a); Cal. Welf. & Inst. Code § 362.1(a). ↑
See Judicial Council of Cal., Basics of Custody & Visitation Orders, http://www.courts.ca.gov/17975.htm . ↑
See Judicial Council of Cal., Basics of Custody & Visitation Orders, http://www.courts.ca.gov/17975.htm . ↑
See Judicial Council of Cal., Basics of Custody & Visitation Orders, http://www.courts.ca.gov/17975.htm . ↑
Cal. Fam. Code § 3000 - 3007. ↑
Cal. Fam. Code § 3002 - 3003. ↑
Cal. Fam. Code § 3006. ↑
Cal. Fam. Code § 3083. ↑
The judge may grant supervised visitation if s/he thinks that your child should see you regularly, but (1) has concerns about the child’s safety, or (2) you haven’t seen your child in a long time and need time to be (re)introduced. The judge’s supervised visitation order will state when you can visit your child, and may also state where and who the supervisor will be. A non-professional supervisor can be a family member or friend who cares about the child and wants to help. A professional supervisor is someone trained and experienced in providing supervision services, and will likely charge a fee for the services. All supervisors are legally required to report suspected child abuse. Cal. Fam. Code § 3200 et seq.; Cal. Rules of Court § 5.20. ↑
Cal. Fam. Code § 3011. ↑
Jud. Council of Cal., Basics of Custody & Visitation Order, (2016) http://www.courts.ca.gov/17975.htm . ↑
See Cal. Fam. Code § 3040 et seq. ↑
Cal. Fam. Code § 3011(c). ↑
The judge will consider how long you were away, your child’s age during this time, and how strong your relationship with your child is. Telephone call with Eleanor Miller, reentry attorney, Pepperdine Legal Aid Clinic, Jan. 6, 2015. ↑
Cal. Fam. Code § 3041.5. ↑
Cal. Fam. Code § 3041.5. ↑
Cal. Fam. Code § 3041.5. The results of the drug/alcohol test will only be used when considering whether custody or visitation is in your child’s best interest), and cannot be used for any other purpose, such as criminal prosecution, parole violation, or civil penalties. Moreover, you may request a hearing to challenge the results of a positive test. ↑
If you do this your criminal record will not be considered in guardianship proceedings at all. For more information on expunging your criminal record see Chapter 9 ↑
Telephone call with Eleanor Miller, reentry attorney, Pepperdine Legal Aid Clinic, Jan. 6, 2015. ↑
Compare electronic communication from Eleanor Miller, reentry attorney, Pepperdine Legal Aid Clinic, Jan. 9, 2015 (dismissal as automatic exemption); with In re H.K., 217 Cal. App. 4th 1422 (App. 2 Dist. 2013) (court must still consider expunged conviction). ↑
Cal. Penal Code § 136.2. ↑
How to File CDCR Administrative Appeal, Prison Law Office, http://prisonlaw.com/pdfs/AdministrativeAppeals,July2010.pdf . ↑
Intentionally violating a protective order is a misdemeanor offense. Cal. Penal Code § 166(c). ↑
CR-6000 Rev 1/29/15, available at http://www.scscourt.org/documents/CR-6000.pdf (“The new rules provide that if any CPO or Civil RO requires no contact, that no contact order will be enforced… First, CPOs have priority over Civil ROs.”). ↑
Cal. Fam. Code § 3031; see also Form FL-105 (Declaration Under Uniform Child Custody Jurisdiction & Enforcement Act), at q.5, http://www.courts.ca.gov/documents/fl105.pdf . ↑
But see, e.g., Cal. Penal Code § 1203.097(a)(2) (criminal court protective order is mandatory probation condition for domestic violence offenses). ↑
How to File CDCR Administrative Appeal, Prison Law Office, http://prisonlaw.com/pdfs/AdministrativeAppeals,July2010.pdf . ↑
Cal. Penal Code § 1203.3(a) (“The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence.). ↑
See Prison Law Office, The Parolee Rights Manual at 34, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf ↑
Fed. R. Crim. P. 32.1(c). ↑
Cal. Fam. Code §§ 6250 et seq. (emergency protective order), 6320-22 (protective orders); Cal. Penal Code § 136.2 (criminal protective order). ↑
You can also try to appeal the order to a higher court. ↑
How to File CDCR Administrative Appeal, Prison Law Office, http://prisonlaw.com/pdfs/AdministrativeAppeals,July2010.pdf . ↑
Cal. Penal Code § 1203.3(a) (“The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence.). ↑
See Prison Law Office, The Parolee Rights Manual at 34, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf ↑
Fed. R. Crim. P. 32.1(c). ↑
Specifically: The family court hears those custody and visitation cases that don’t involve child abuse or neglect, and that don’t involve guardianships. This section will explain each of these issues and kinds of cases, one by one. ↑
By contrast, adoption does terminate the parental rights of the child’s legal or biological parents, and also creates a permanent parent/child relationship between the child and his/her adoptive parent. See Cal. Fam. Code § 7505(a) (cessation of parental authority upon appointment of guardian); Cal. Prob. Code § 2351(a) (custody rights of guardian); Cal. Welf. & Inst. Code § 366.26 (distinguishing between termination of parental rights and guardianship proceedings; contrast adoption, which terminates parental rights, with guardianship, which does not); In re Guardianship of Ann S., 45 Cal. 4th 1110, 1124 (2009) (probate guardianship suspends parental rights). ↑
Cal. Penal Code § 2625(e). ↑
Cal. Penal Code § 2625(d). See also Manual on Transportation to Court for Hearings Affecting Prisoners’ Parental Rights, available at http://www.prisonerswithchildren.org/wp-content/uploads/2013/07/Transportation-to-Court-2013.pdf . ↑
Cal. Penal Code § 2625(d). See also Manual on Transportation to Court for Hearings Affecting Prisoners’ Parental Rights, available at http://www.prisonerswithchildren.org/wp-content/uploads/2013/07/Transportation-to-Court-2013.pdf . ↑
Manual on Transportation to Court for Hearings Affecting Prisoners’ Parental Rights, available at http://www.prisonerswithchildren.org/wp-content/uploads/2013/07/Transportation-to-Court-2013.pdf . ↑
Legal Services for Prisoners with Children, “Child Custody and Visitation Rights for Incarcerated Parents” (2012). ↑
Cal. Fam. Code § 213. ↑
In order to have a judge order visitation with a grandparent, the grandparent must join the case and prove a “strong bond” with his or her grandchild. A judge will probably deny a grandparent’s request for visitation if the parents object or if the parents are still married and living together. ↑
Cal. Fam. Code § 3048. ↑
See Cal. Fam. Code §§ 3020(b), 3100(a) (“[T]he court shall grant reasonable visitation rights to a parent unless it is shown that the visitation would be detrimental to the best interest of the child.”) (emphasis added). See also, e.g., Punsly v. Ho, 87 Cal. App. 4th 1099, 1109 (2001) (“[In determining the child’s best interest,] a presumption exists that fit parents act in the best interests of their children.”). ↑
Cal. Fam. Code § 3104(b). ↑
Cal. Fam. Code § 3104(1)(a) ↑
Cal. Fam. Code § 3104(a)(2) ↑
Cal. Fam. Code § 3103-04. ↑
Cal. Fam. Code § 3105(b). ↑
Cal. Fam. Code § 3102(c). ↑
Cal. Fam. Code § 3030(b). The law is very strict in this instance and does not permit even supervised or conditional visitation. ↑
Cal. Fam. Code §§ 3011(b), 3020(a), 3031, 3044. The judge will also consider any restraining or protective orders against you. Nonetheless, you may still be able to get custody by showing that you have completed all court-ordered treatment and/or behavioral programs (e.g., batterer’s treatment program, parenting classes, anger management, drug or alcohol treatment, or conditions of probation or parole); complied with all parole/probation/supervision requirements; complied with any restraining or protective orders against you; have not committed any further domestic violence; and that custody would be in your child’s best interest. Cal. Fam. Code § 3044(b). ↑
This applies to child abuse convictions under Cal. Penal Code §§ 273a, 273d, or 647. ↑
Cal. Fam. Code § 3030; see also Cal. Penal Code § 290. For child abuse convictions and registered sex offender registrants, the judge must find that there is “no significant risk to the child.” § 3030(a). For first-degree murder of the other parent, the judge must find that there is “no risk to the child’s health, safety and welfare.” § 3030(c). In both cases, the judge must state his/her reasons in writing or on the record. However, the judge may still permit supervised visitation in these cases. ↑
Legal Services for Prisoners with Children, Child Custody and Visitation Rights Manual For Recently Released Parents (Nov. 2012), available at http://www.prisonerswithchildren.org/wp-content/uploads/2012/12/Recently-released-parents version-12.11.12.pdf ↑
See Judicial Council Of Cal., Basics of Custody and Visitation Orders, http://www.courts.ca.gov/17975.htm . ↑
Child custody mediation gives parents a chance to resolve disagreements about care and custody for their children, with the help of an expert (a mediator). The goal of mediation is to develop a parenting plan that is in your child’s best interest, and that allows your child to spend time with both parents (or caregivers). Child custody mediators are available for free through Family Court Services at most local courts. Cal. Fam. Code § 3160 et seq. ↑
Cal. Fam. Code § 3161. ↑
Cal. Prob. Code § 1514(b)(2). ↑
By contrast, adoption does terminate (end) the parental rights of the child’s legal or biological parents, and also creates a permanent parent-child relationship between the child and his or her adoptive parent. See Cal. Fam. Code § 7505(a) (cessation of parental authority upon appointment of guardian); Cal. Prob. Code § 2351(a) (custody rights of guardian); Cal. Welf. & Inst. Code § 366.26 (distinguishing between termination of parental rights and guardianship proceedings; contrast adoption, which terminates parental rights, with guardianship, which does not); In re Guardianship of Ann S., 45 Cal. 4th 1110, 1124 (2009) (probate guardianship suspends parental rights). ↑
Cal. Prob. Code § 1500 et seq. The guardian is responsible for the child's care, including the child's: food, clothing and shelter; safety and protection; physical and emotional growth; medical and dental care; education and any special needs. The guardian is also be responsible for supervision of the child, and may be liable for any intentional damage the child may cause. ↑
California Courts, Guardianship, http://www.courts.ca.gov/selfhelp-guardianship.htm . ↑
Cal. Fam. Code § 3100. See JUDICIAL COUNCIL OF CAL, Duties of a Guardian, http://www.courts.ca.gov/1211.htm (2016). ↑
California Courts, Juvenile Court Guardianship, http://www.courts.ca.gov/1206.htm ↑
Legal Services for Prisoners with Children, “Child Custody and Visitation Rights Manual For Recently Released Parents” (Nov. 2012), available at http://www.prisonerswithchildren.org/wp-content/uploads/2012/12/Recently-released-parents version-12.11.12.pdf ↑
For more information about the duties of a guardian, read the Duties of Guardian form (GC-248), available on the California Court’s website at http://www.courts.ca.gov/documents/gc248.pdf ↑
See Judicial Council of Cal., Guardianship (2016), http://www.courts.ca.gov/selfhelp-guardianship.htm . ↑
Cal. Prob. Code § 1514(b)(2). ↑
Cal. Fam. Code § 3041 ↑
Cal. Fam. Code § 3041 ↑
Cal. Prob. Code § 1514. ↑
See Judicial Council of Cal., Alternatives to Guardianship, http://www.courts.ca.gov/1210.htm . ↑
Guardianship cases in probate court are governed by the same rules as custody cases in Family Court. Cal. Prob. Code § 1514(b) (appointment of guardian governed by standards of Family Code §§ 3020 et seq. and 3040 et seq.); Cal. Fam. Code §§ 3044 (presumption against persons perpetrating domestic violence); 3030 (sexual offenses against a minor; rape from which child was conceived; first degree murder of child’s other parent); 3044 (domestic violence); 3030 (sexual offenses against a minor). ↑
Cal. Fam. Code § 3031. ↑
Cal. Fam. Code § 3041.5. ↑
Cal. Fam. Code § 3041.5. ↑
Cal. Prob. Code § 1514(b); Cal. Fam. Code § 3041.5. The results of the drug/alcohol test will only be used when considering whether you should be the child’s guardian (i.e., whether the guardianship is in the child’s best interest), and cannot be used for any other purpose, such as criminal prosecution, parole violation, or civil penalties. Moreover, you may request a hearing to challenge the results of a positive test. ↑
Cal. Prob. Code § 2650(d). ↑
Judicial Council of Cal., Juvenile Court Guardianship, http://www.courts.ca.gov/1206.htm#1 . ↑
See Judicial Council of Cal., Alternatives to Guardianship, http://www.courts.ca.gov/1210.htm . ↑
See Judicial Council of Cal., Alternatives to Guardianship, http://www.courts.ca.gov/1210.htm ↑
See Judicial Council of Cal., Duties of a Guardian (2016), http://www.courts.ca.gov/1211.htm . ↑
For all examples of government assistance for guardians see Judicial Council of Cal., Juvenile Court Guardianship, http://www.courts.ca.gov/1206.htm#1 . ↑
If you live in San Francisco County, there is a specific local guide, available at http://www.sfsuperiorcourt.org/sites/default/files/pdfs/howtobecomeguardian.pdf . ↑
The law’s definition of “abuse and neglect” includes physical abuse, sexual abuse, causing the child to have emotional distress, and leaving your child unattended. Cal. Welf. & Inst. Code § 300(a)-(j). ↑
Cal. Penal Code § 11164-11174.3. ↑
When someone makes a report about your child’s safety to the police or welfare department, the police or a social worker must investigate to decide whether the dependency court should get involved to protect your child. This might happen because someone suspected that your child wasn’t well taken care of, was abused or neglected, or was left with someone who didn’t take good care of him/her. Under the law, “child abuse” includes: physical harm done on purpose to a child; sexual abuse of a child, including assault and exploitation; cruel or unreasonable punishment of a child; and/or neglect of a child—failure to provide necessary care, food, shelter, etc. Cal. Welf. & Inst. Code § 300 (“dependent child” defined). ↑
Judicial Council of Cal., Guide to Dependency Court for Parents (2016), http://www.courts.ca.gov/1205.htm . ↑
See Judicial Council of Cal., Guide to Dependency Court for Parents (2016), http://www.courts.ca.gov/1205.htm . ↑
Cal. Penal Code §§ 11164-11174.3. ↑
See, e.g., Cal. Welf. & Inst. Code § 366.21(e) (at status review hearing, court must consider parent’s criminal record “to the extent that the criminal record is substantially related to the welfare of the child or the parent's or guardian's ability to exercise custody and control regarding his or her child;” parent’s participation in substance abuse treatment is not prima facie evidence of detriment to child). Cf. Cal. Welf. & Inst. Code § 361.5(b)-(c) (grounds for denial of reunification services). ↑
See Judicial Council of Cal., Guide to Dependency Court for Parents, http://www.courts.ca.gov/1205.htm (2016). ↑
See Judicial Council of Cal., Guide to Dependency Court for Caregivers, http://www.courts.ca.gov/29206.htm (2016). ↑
California Courts, The Jurisdiction/Disposition Hearing, http://www.courts.ca.gov/1205.htm ↑
See Judicial Council of Cal., Guide to Dependency Court for Parents, http://www.courts.ca.gov/1205.htm (2016). ↑
See SUPERIOR COURT OF CAL., County of San Francisco, Guardianship of Children, http://www.sfsuperiorcourt.org/divisions/probate/guardianship-children , (2016). ↑
See Cal. Rules of Court, Rule 5.502(10); Judicial Council of Cal., Defacto Parents, http://www.courts.ca.gov/1207.htm (2015). ↑
See Cal. Rules of Court, Rule 5.502(10); Judicial Council of Cal., Defacto Parents, http://www.courts.ca.gov/1207.htm (2015). ↑
See Judicial Council of Cal., Guide to Dependency Court for Parents, http://www.courts.ca.gov/1205.htm (2016). See also Cal. Welf. & Inst. Code § 300. (A child will be declared a dependency of the court if “The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the child's parent or guardian.) ↑
Cal. Welf. & Inst. Code § 360(a). ↑
In re Summer H. (2006) 139 Cal. App. 4th 1315, 1333–1334 (“the inquiry under section 360 is “not whether the proposed guardian meets licensing requirements imposed on foster placements, but whether a plan for guardianship either developed or approved by the parent is in the child’s best interest.”). ↑
“Preferential consideration must be given to a relative’s request for placement, meaning that such placements shall be considered and investigated first. Only grandparents and adult aunts, uncles, and siblings are entitled to preferential consideration for placement. (§ 361.3(c).) The preference continues to apply any time the child needs to be again placed after disposition, so long as reunification services continue. (§§ 361.3(a) & (c); 366.26(k); see Cesar V. v. Superior Court (2001) 91 Cal.App.4th 1023.) Although they do not receive preference for placement, nonrelative extended family members are generally treated the same as relative caregivers under the statutes controlling placement. (§ 362.7.)” (Administration Office of the Courts, Center for Families, Children & the Courts, “A Dogbook for Attorneys Representing Children and Parents (2 ed.)” (2007, 2011) (pg. H-96) available at http://www.courts.ca.gov/documents/Dogbook_2Ed_online.pdf . ↑
See Cal. Welf. & Inst. Code § 300. (A child will be declared a dependency of the court if “The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the child's parent or guardian.) ↑
Manual on Transportation to Court for Hearings Affecting Prisoners’ Parental Righs, available at http://www.prisonerswithchildren.org/wp-content/uploads/2013/07/Transportation-to-Court-2013.pdf . ↑
Cal. Welf. & Inst. Code § 300 ( CPS will file a petition in juvenile dependency court if it believes that "there is a substantial risk that the child will suffer serious physical harm or illness by the inability of the parent or legal guardian to provide regular care for the child."). ↑
Cal. Penal Code §2625(d). See also Manual on Transportation to Court for Hearings Affecting Prisoners’ Parental Rights, available at http://www.prisonerswithchildren.org/wp-content/uploads/2013/07/Transportation-to-Court-2013.pdf . ↑
Cal. Welf. & Inst. Code § 361.5(e)(1) ↑
If your child’s juvenile dependency case is still going on, CPS is supposed to make “reasonable efforts” to reunite you with your child, and the judge must offer you reunification services. Cal. Welf. & Inst. Code §§ 361.5(a) (general right to reunification services), 361.5(e) (right to reasonable reunification services while incarcerated). ↑
See, e.g., Cal. Welf. & Inst. Code 366.22(a) (return of child to parent or guardian at permanency review hearing). ↑
Cal. Welf. & Inst. Code § 362.1. The judge may order you to have supervised visits if it has concerns about your child’s wellbeing during the visits. See PG. 780 for more information about supervised visitation. ↑
In re Emmanuel R., 94 Cal. App. 4th 452, 464-65 (2001) (upholding trial court’s finding that dependent child’s visitation with father was in child’s best interest, notwithstanding father’s “‘extensive’ criminal record). ↑
Remember, you have the right to reasonable reunification services even while you are incarcerated (with certain exceptions). You should take advantage of any services and/or other programing that are available, and make every effort to stay in touch with your child, during your sentence. Cal. Welf. & Inst. Code § 361.5(e); see also, e.g., V.C. v. Sup. Ct., 188 Cal. App. 4th 521 (2010) (holding that father’s failure to participate in available reunification services while incarcerated justified trial court’s decision to terminate reunification services and provided evidence that returning child to father’s custody would be detrimental). ↑
Legal Services for Prisoners with Children, “Child Custody and Visitation Rights Manual For Recently Released Parents” (Nov. 2012), available at http://www.prisonerswithchildren.org/wp-content/uploads/2012/12/Recently-released-parents version-12.11.12.pdf ↑
Dependency and probate courts can both create guardianships. These are two different procedures. Dependency guardianship cases usually involve CPS, and dependency courts usually appoint attorneys for parents. Probate guardianship cases usually don’t involve CPS, and probate courts usually don’t appoint attorneys for parents. ↑
See Cal. Health & Safety Code §1522. See also “HHS06 Foster Care Criminal Background Checks,” California Performance Review (2007), available at http://cpr.ca.gov/cpr_report/Issues_and_Recommendations/Chapter_2_Health_and_Human_Services/HHS06.html (“Responses from the state must be received, identified criminal records cleared, and a Child Abuse Registry cleared before a license for the care of foster children can be issued.”). ↑
See Cal. Health & Safety Code §1522. See also Cal. Fam. Code § 3041(a). ↑
See Cal. Health & Safety Code §1522. See also “HHS06 Foster Care Criminal Background Checks,” California Performance Review (2007), available at http://cpr.ca.gov/cpr_report/Issues_and_Recommendations/Chapter_2_Health_and_Human_Services/HHS06.html (“Responses from the state must be received, identified criminal records cleared, and a Child Abuse Registry cleared before a license for the care of foster children can be issued.”). ↑
See Cal. Health & Safety Code §1522(d)(4)(D) (“[A]n applicant for a foster family home license or for certification as a family home, and any other person specified in subdivision (b) who is not exempt from fingerprinting, shall submit a set of fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, in addition to the criminal records search required by subdivision (a).”). ↑
See Cal. Health & Safety Code §1522.1(a) (“ (a) Prior to granting a license to, or otherwise approving, any individual to care for or reside with children, the department shall check the Child Abuse Central Index pursuant to paragraph (4) of subdivision (b) of Section 11170 of the Penal Code.”). ↑
See Cal. Health & Safety Code §1522(b)(1)(B) (This section applies to “Any person, other than a client, residing in the facility or certified family home.”). ↑
CA Health and Social Services Agency, Dep’t of Social Services, Tittle 22, Division 6, Chapter 9.5, Regulation 89219(g). ↑
CA Health and Social Services Agency, Dep’t of Social Services, Tittle 22, Division 6, Chapter 9.5, Regulation 89219.1(c). ↑
See Cal. Health & Safety Code §1522(g)(1). For the full list of convictions that will bar you from becoming a foster parent, please see Appendix I , PG. 897 of this chapter. If you are unsure if your conviction falls under this law, please consult an attorney or your local foster care agency. ↑
See Cal. Code Regs. tit. 22, § 89219.1 (2002) (“ After a review of the criminal record transcript, the Department may grant an exception from disqualification for a license[.]”). ↑
Cal. Code Regs. tit. 22, § 89219 .1(b) (2002). ↑
California Courts, Juvenile Court Guardianship http://www.courts.ca.gov/1206.htm ↑
California Courts, Juvenile Court Guardianship http://www.courts.ca.gov/1206.htm ↑
But note: if you move to a different city in California, you have to tell the court in writing; and if you want to move out of California, you need the court’s permission. ↑
Your county may also try to get child support from the child’s parents. In a guardianship, parents still have a legal duty to support their child financially. ↑
California Courts, Juvenile Court Guardianship http://www.courts.ca.gov/1206.htm ↑
Cal. Welf. & Inst. Code § 361.4. The background checks will include both criminal records and child abuse, and may also be conducted on any person over age 14 living in your home if the social worker believes that person may have a criminal record. ↑
To get a criminal record exemption, you must show strong evidence of your good character, such that living with you will be in the child’s best interest AND will not put the child at risk of harm. Cal. Welf. & Inst. Code § 361.4(d)(2). ↑
Cal. Welf. & Inst. Code § 361.4(d)(2); Los Angeles Cnty. Dep’t of Children & Fam. Svcs. v. Superior Court (Valerie A.), 7 Cal. App. 4th 1161, 1168 (2001), review denied. The complete list of non-exemptible offenses is contained in Cal. Health & Safety Code § 1522(g). However, certain offenses are “non-exemptible only under specified circumstances,” and the Director of Social Services may have discretion to grant an exemption for an offense that otherwise would be non-exemptible. See In re Esperanza C., 165 Cal. App. 4th 1042, 1057 (2008). In addition, some counties may not have authority to issue an exemption, which means the judge cannot place a child in a home where any person has been convicted of a crime other than a minor traffic violation. Cal. Welf. & Inst. Code § 361.4(d)(6). ↑
Cal. Health & Safety Code § 1522(g)(C). ↑
L.A. Cnty. Dep't of Children & Fam. Svcs. v. Sup. Ct. (Cheryl M.), 112 Cal. App. 4th 509, 520 (2003). Moreover, if the welfare agency was aware of the person’s criminal record when it originally placed the child in the home, the agency may not argue later that the criminal record is a reason to remove the child. In re Miguel E., 120 Cal. App. 4th 521 (2004). However, if the child was allowed to live with relative as an emergency placement, the welfare agency can remove the child if it later finds that any adult living in the home has a criminal record. Cal. Welf. & Inst. Code § 361.45 (2010); In re M.L., 205 Cal. App. 4th 210 (2012), as modified on denial of reh'g (May 16, 2012). ↑
See Cal. Welf. & Inst. Code § 600 et seq.; Guide to Juvenile Court, California Courts, http://www.courts.ca.gov/1216.htm . ↑
See Cal. Welf. & Inst. Code § 600 et seq.; Guide to Juvenile Court, California Courts, http://www.courts.ca.gov/1216.htm . ↑
See Cal. Welf. & Inst. Code § 600 et seq.; Guide to Juvenile Court, California Courts, http://www.courts.ca.gov/1216.htm . ↑
Judicial Council of Cal., Guide to Juvenile Court, California Courts, http://www.courts.ca.gov/1216.htm . ↑
Judicial Council of Cal., Guide to Juvenile Court, California Courts, http://www.courts.ca.gov/1216.htm . ↑
Judicial Council of Cal., California Courts, www.courts.ca.gov/1216htm . ↑
Cal. Rules of Court 5.530. ↑
Cal. Rules of Court 5.552 & 5.530. ↑
See Judicial Council of Cal., Juvenile Delinquency, http://www.courts.ca.gov/selfhelp-delinquency.htm . Please note that juvenile records are confidential and not open to public view. However, it is up to the child to ask the juvenile court to have his or her record sealed. See Welf. & Inst. Code § 389 and 781. ↑
Cal. Fam. Code §§ 8712, 8730, 8811, 8908. See also Adoption Program Regulations 35087, at http://www.dss.cahwnet.gov/ord/entres/getinfo/pdf/adman3.pdf . ↑
Cal. Fam. Code § 8712(c). ↑
Cal. Fam. Code § 8712. ↑
Cal. Fam. Code § 8612. You may want to speak to a lawyer if there are compelling mitigating factors. ↑
Under this law, “crimes involving violence” means those listed in Cal. Health & Safety Code 1522(i)(A) and (g)(B). Cal Fam. Code § 8712(c)(1)(A). ↑
Cal Fam. Code § 8712(c)(B). ↑
Adoption Program Regulations 35089 OBTAINING IDENTIFYING INFORMATION AND EVALUATING PETITIONERS DURING ASSESSMENT, http://www.dss.cahwnet.gov/ord/entres/getinfo/pdf/adman3.pdf ↑
Adoption Program Regulations 35089 OBTAINING IDENTIFYING INFORMATION AND EVALUATING PETITIONERS DURING ASSESSMENT, http://www.dss.cahwnet.gov/ord/entres/getinfo/pdf/adman3.pdf ↑
Cal Pen. Code § 2625(d). ↑
Incarcerated Parents Manual, Legal Services for Prisoners with Children, available at http://www.prisonerswithchildren.org/wp-content/uploads/2015/03/IPM-final-2-12-2015.pdf . ↑
Cal Pen. Code § 3409(c). ↑
Cal. Code Regs. tit. 15, § 4737. ↑
Cal. Code Regs. tit. 15, § 3173.1 (visiting restrictions with minors). Convictions under the following Penal Code sections trigger visitation restrictions: 261, 264.1, 266c, 269, 285, 286, 288, 288a, 289, 273a, 273a, 273ab, 273d, 18z, 269. ↑
Cal Wel. & Inst. Code § 362.6; Cal Pen. Code § 1202.05. ↑
Cal. Code Regs. tit. 15, § 3173.1 ↑
Legal Services for Prisoners with Children’s Child Custody and Visiting Rights Manual for Incarcerated Parents, available at http://www.courts.ca.gov/documents/BTB_23_4K_3.pdf . ↑
Cal. Code Regs. tit. 15, § 3376(b), (c)(2). ↑
Cal. Code Regs. tit. 15, § 3376(c)(2). ↑
Cal. Code Regs. tit. 15, § 3376(c)(3). ↑
Cal. Code Regs. tit. 15, § 3173.1(e)(1). ↑
Cal. Code Regs. tit. 15, § 3173.1(e)(2). ↑
Cal. Code Regs. tit. 15, § 3173.1(f). ↑
Cal. Code Regs. tit. 15, § 3173.1(g). ↑
See Judicial Council of Cal., Parentage/Paternity, http://www.courts.ca.gov/selfhelp-parentage.htm (2016). ↑
Cal. Fam. Code § 7613. ↑
Cal. Fam. Code § 7613. ↑
Cal. Fam. Code § 7611. ↑
Cal. Fam. Code § 7637. ↑
Cal. Penal Code § 270. ↑
Legal Services for Prisoners with Children, Child Custody and Visiting Rights Manual for Incarcerated Parents (2015). This is a detailed resource for all information related to filing a court case in family court in order to establish paternity. ↑
If you have the cooperation of the mother, then she or you can contact the county offices for assistance in signing the form. You can also ask for assistance from the prison’s litigation office, your counselor, or other institution staff. Perhaps the mother can go to your institution and you can both sign the same form there in front of a notary. Or, perhaps you can each sign separate forms that say the same thing and have them separately notarized.” Legal Services for Prisoners with Children, Incarcerated Parents Manual, Rights and Responsibilities (2015). ↑
Cal. Fam. Code §§ 2300 – 2452. ↑
Cal. Fam. Code §§ 2300 – 2452. ↑
Cal. Fam. Code §§ 2200-2255. ↑
Cal. Fam. Code §§ 2400 – 2406. ↑
Cal. Fam. Code §§ 2320-2322. ↑
See Cal. Penal Code § 2625. You have the right to be present at any court proceeding that may terminate your parental rights. But see Legal Services for Prisoners with Children, “Manual on Divorce Issues,” (1993) available at http://www.prisonerswithchildren.org/wp-content/uploads/2013/01/Manual-on-Divorce-Issues.pdf (“ ↑
Cal. Penal Code § 2625. You have a right to be present at any court proceeding in an action that may terminate your parental rights or make a judgment about your child when your child is a dependent in court. But a divorce is different, since it is neither, you will likely not be able to attend unless as part of the divorce your parental rights could be (or if your spouse requested) terminated. ↑
Judicial Council of Cal., Service by Publication or Posting - Family Law Cases, http://www.courts.ca.gov/20213.htm . ↑
Manual on Divorce Issues for People in California Prisons and Jails, Legal Services for Prisoners with Children, available at http://www.prisonerswithchildren.org/pubs/divorce.pdf . ↑
Cal. Penal Code § 2625. ↑
Cal. Fam. Code § 3900. ↑
This is because Cal. Fam. Code § 3900 et seq. says both parents are expected contribute equally to their child’s financial needs. ↑
Cal. Fam. Code § 7570 (a) ↑
Cal. Fam. Code § 4001. ↑
Cal. Code Civ. Proc. § 685.050. ↑
Cal. Fam. Code § 3901(a). However, if your child is still in high school and lives with a parent, then child support continues until s/he graduates OR turns 19—whichever happens first. Alternatively, child support can end earlier if/when your child (1) gets married, (2) joins the military, (3) is emancipated, or (4) dies. Or child support may continue for longer if (1) the parents agree to a longer arrangement, or (2) the judge orders both parents to keep supporting a disabled adult child. ↑
Cal. Fam. Code § 3901(b). ↑
See Cal. Fam. Code § 2351. ↑
Cal. Fam. Code 4053. ↑
California Courts, Guardianship, http://www.courts.ca.gov/selfhelp-guardianship.htm . ↑
Cal. State Dep. of Soc. Serv., California State Disbursement Unit, https://www.childsup.ca.gov/payments/statedisbursementunit(sdu).aspx ↑
Cal. Fam. Code § 5230 ↑
Cal. Rev. & T. Code § 19271(d)(2) (state income tax refund); 42 U.S.C. § 664 and 26 U.S.C. § 6402(c) (federal income tax refund); Cal. Fam. Code §§ 17510 (workers’ compensation), 17518 (unemployment benefits), 17528 (retirement) ↑
Cal. Fam. Code § 17523 ↑
Cal. Fam. Code § 17520 ↑
42 U.S.C. § 652(k) ↑
Department of Child Supportive Services, Information for the noncustodial Parent, http://www.childsup.ca.gov/portals/0/resources/docs/pub247_english.pdf ↑
Cal. Rev. & T. Code § 19271(c); Cal. C.C.P. § 685.010. ↑
Telephone call with Eleanor Miller, reentry attorney, Pepperdine Legal Aid Clinic, Jan. 6, 2015. ↑
California Courts, Falling Behind in Child Support Payments, http://www.courts.ca.gov/selfhelp-support.htm ↑
Judicial Council of Cal., Child Support FAQs ( Nov. 12, 2014), http://www.courts.ca.gov/1200.htm . ↑
Cal. Fam. Code § 17526(a) requires the LCSA to provide you with information about how much child support you owe. You can also ask the judge to determine exactly how much child support and interest you owe. § 17526(c). ↑
Cal. Fam. Code § 17526. ↑
Form FL-676 is also available online at http://www.courts.ca.gov/documents/fl676.pdf . For more information, read the accompanying information sheet, FL-676-INFO, http://www.courts.ca.gov/documents/fl676info.pdf . ↑
Cal. Fam. Code § 4007.5(a)(1). The law applies to child support orders issued on or after July 1, 2011, and remains in effect until July 1, 2020. § 4007.5(g), (h). It is possible this law will be extended. ↑
Cal. Fam. Code § 4007.5(a)(2). ↑
Cal. Fam. Code § 4007.5(g), (i). ↑
Cal. Fam. Code § 4007.5(a)(1), (d). ↑
Cal. Fam. Code § 4007.5(a)(1). The law applies to child support orders issued on or after July 1, 2015, and remains in effect until July 1, 2020. § 4007.5(g), (h). ↑
Cal. Fam. Code § 4007.5(a)(2). ↑
Telephone and online payments also require a debit card, credit card, or bank information. For both telephone and online payments, you can make a single (one-time) payment or set up an account to make ongoing payments. ↑
Cal. Dep’t of Child Support Svcs., California State Dispursement Unit, https://www.childsup.ca.gov/payments/statedisbursementunit(sdu).aspx . ↑
For payments by mail, send a check or money order to the following address. The check or money order should be payable to the “California State Disbursement Unit” and include your name and case identification number. Note: This address is only for regular child support payments: CA State Disbursement Unit (SDU), PO Box 989067, West Sacramento, CA 95798-9067. ↑
Cal. Fam. Code §§ 17420 (earnings assignment order for current child support payments), 17522 (earnings withholding for delinquent child support); Cal. Rev. & T. Code § 19271(b)(1)(A) (delinquent child support); Cal. Code Civ. Proc. § 706.030 (delinquent child support). ↑
The judge is required to make an earning assignment order (also called income withholding or wage garnishment) any time there is an order to pay child support. Cal. Fam. Code § 5230. If you want to make payments directly to the other parent (or caregiver) and NOT through wage assignment, you may be able to work out a different payment arrangement with him/her. If the LCSA is NOT involved in your case, you and the other parent (or caregiver) can agree to make child support payments in some other way, and can ask the judge to “stay” (put on hold) the wage assignment. In this situation, both parents (or caregiver) work out how child support will be paid and handle it between them. If the LCSA is involved in your case, the LCSA will have to agree to have the wage assignment put on hold. This may be difficult, however, because LCSAs usually prefer you to make child support payments through a wage assignment with your employer, and want all child support payments to go through the state payment system (called the State Disbursement Unit), NOT to the other parent directly. Judicial Council of Cal., Paying a Child Support Order, http://www.courts.ca.gov/1197.htm . ↑
California Courts, Child Support. http://www.courts.ca.gov/selfhelp-support.htm ↑
California Courts, Falling behind in Child Support. http://www.courts.ca.gov/selfhelp-support.htm ↑
The form is also available online at http://acreentry.org/wp-content/uploads/2011/10/Child-Support-application-english-and-spanish.pdf . ↑
Child Support Dirs. Assoc., Child Support Information for the Incarcerated Parent,
https://csdaca.org/wp-content/uploads/resources/1/Outreach%20and%20Education/Fact%20Sheets/incarcerated%
20parent.pdf
; Cal. Dep’t of Child Support Svcs., Pub. 248: Child Support Information for the Parent in Jail or Prison (Nov. 2012). If the LCSA does not respond, you must file court papers and request a hearing to change your support order. Judicial Council of Cal., The Basics of Child Support for Incarcerated Parents (Nov. 2011),
http://www.courts.ca.gov/documents/incarceratedguide.pdf
.
↑
When you receive your court papers, they should include a blank Response form for you to complete and send back. This form may be called Form FL-685 (if the LCSA has started a child support case for your child), or Form FL-270 or Form FL-320 (if the other parent or caregiver is asking you to pay child support). You will also need to complete forms with your income and financial information. If the LCSA has asked the judge to establish paternity (i.e., find that you are the child’s parent), you will need to return Form FL-610. ↑
Cal. Dep’t of Child Support Svcs., Pub. 248: Child Support Information for the Parent in Jail or Prison (Nov. 2012). If you don’t think that you’re the child’s parent, you can have a parentage (paternity) test done while you’re in prison or jail. ↑
Cal. Dep’t of Child Support Svcs., Pub. 248: Child Support Information for the Parent in Jail or Prison (Nov. 2012). ↑
These forms are also available online at: FL-300— http://www.courts.ca.gov/documents/fl300.pdf ; FL-150— http://www.courts.ca.gov/documents/fl150.pdf .FL-155— http://www.courts.ca.gov/documents/fl155.pdf . ↑
Judicial Council of Cal., The Basics of Child Support for Incarcerated Parents (Nov. 2011), http://www.courts.ca.gov/documents/incarceratedguide.pdf ; Judicial Council of Cal., Changing a Child Support Order, http://www.courts.ca.gov/1196.htm . ↑
The form is available online at http://www.courts.ca.gov/documents/fl670.pdf . The judge will make the final decision about whether to give back your license. Judicial Council of Cal., Child Support FAQs, http://www.courts.ca.gov/1200.htm . ↑
22 C.F.R. § 51.60(a). ↑
Cal. Fam. Code § 3048(f). ↑
Cal. Fam. Code § 4007.5. ↑
Electronic communication from Brittany Stringfellow Otey, Assistant Professor of Law / Directing Attorney, Pepperdine Legal Aid Clinic, Jan. 21, 2015 (1:22 PM). ↑
Cal. Fam. Code § 17560. ↑
This is child support debt you owe if your child received public assistance (welfare) or was in foster care at the time payments were due. The COAP program will NOT reduce child support debt you owe to the other parent. Cal. Fam. Code § 17560(d). ↑
Cal. Dep’t of Child Support Svcs., Compromise of Arrears Program (COAP) ( Nov. 13, 2014), http://www.childsup.ca.gov/payments/compromiseofarrearsprogram.aspx . ↑
Electronic communication from Brittany Stringfellow Otey, Assistant Professor of Law / Directing Attorney, Pepperdine Legal Aid Clinic, Jan. 16, 2015. ↑
Electronic communication from Brittany Stringfellow Otey, Assistant Professor of Law / Directing Attorney, Pepperdine Legal Aid Clinic, Jan. 21, 2015 (1:25 PM). ↑
You will still have to follow all the steps discussed above for responding to a child support request and/or changing a child support order, so that the judge can determine your income and child support obligations. ↑
Electronic communication from Brittany Stringfellow Otey, Assistant Professor of Law / Directing Attorney, Pepperdine Legal Aid Clinic, Jan. 21, 2015 (1:25 PM). ↑
Judicial Council of Cal., “Paying a Child Support Order,” http://www.courts.ca.gov/1197.htm . ↑
Cal. Fam. Code 4700 – 4701. ↑
Cal. Fam. Code §§ 3600-3604. ↑
Cal. Fam. Code §§ 3600-3604. ↑
Cal. Fam. Code §§ 3600-3604. ↑
Cal. Fam. Code §§ 3600-3604. ↑
Cal. Civ. Proc. § 706.010. ↑
Judicial Council of Cal., Paying a Spousal/Partner Support Order, http://www.courts.ca.gov/1251.htm . ↑
Judicial Council of Cal., Paying a Spousal/Partner Support Order, http://www.courts.ca.gov/1251.htm . ↑
42 U.S.C. §§ 659, 666. ↑
Cal. Fam. Code § 17518 ↑
Judicial Council of Cal., Spousal/Partner Support FAQs, http://www.courts.ca.gov/1253.htm ↑
Cal. Fam. Code 4700 – 4701. ↑
Judicial Council of Cal., Asking for a Spousal/Partner Support Order, http://www.courts.ca.gov/9050.htm ↑
Cal. Fam. Code §§ 3600-3604. ↑
See http://www.prisonerswithchildren.org/wp-content/uploads/2013/01/Manual-on-Divorce-Issues.pdf (“It is unlikely that the court will order your spouse to pay you spousal support (alimony)as long as you are incarcerated. When you are released this can change, so it is best to ask the court to put off any decision about spousal support until you are released. This way you can avoid going through the procedures for a change in support payments (which can be more time-consuming and difficult).” ↑
John S. Yohanan, California Court: “It’s Time” Not Enough to Justify Cutting of Spousal Support – In re Marriage of Navratil (June 30, 2015), http://www.bayareadivorceattorneyblog.com/2015/06/30/california-court-its-time-not-enough-to-justify-cutting-of-spousal-support-in-re-marriage-of-navratil/ . ↑
Cal. Fam. Code § 6220. ↑
Domestic Violence, California Courts: The Judicial Branch of California, http://www.courts.ca.gov/selfhelp-domesticviolence.htm ↑
Cal. Fam. Code §§ 6300-6306. ↑
Cal. Fam. Code §§ 6300-6306. ↑
See Cal. Fam. Code §§ 6300-6306. ↑
Cal. Fam. Code § 6388. See also Cal. Penal Code § 273.6. ↑
Cal. Fam. Code § 6388. See also Cal. Penal Code § 273.6. ↑
See http://www.joshwebblaw.com/restraining-orders/ ; see also http://www.shouselaw.com/violate-restraining-order.html#2.3 . ↑
Cal. Fam. Code § 3160 – 3165. ↑
Judicial Council of Cal., “Custody Mediation,” (2015), http://www.courts.ca.gov/1189.htm . ↑
Judicial Council of Cal., “Custody Mediation,” (2015), http://www.courts.ca.gov/1189.htm . ↑
Judicial Council of Cal., “Custody Mediation,” (2015), http://www.courts.ca.gov/1189.htm . ↑
Judicial Council of Cal., “Custody Mediation,” (2015), http://www.courts.ca.gov/1189.htm . ↑
Child Custody Mediation, California Courts: The Judicial Branch, http://www.courts.ca.gov/1189.htm . ↑
Judicial Council of Cal., “Custody Mediation,” (2015), http://www.courts.ca.gov/1189.htm . ↑
Cal. Fam. Code § 3020. ↑
Learn more about these rights by reading Rule 5.534(e) of the California Rules of Court. NOTE: As a de facto parent, you do NOT have the right to attorney fees. But in some cases the judge may give you an attorney, and the court will pay the fees. Also, you do NOT have the right to a rehearing. But you have a right to an appeal ↑
Cal. Rules of Court §§ 5.502(10), 5.534(e). Use these forms to request and explain why you want to participate as the child’s de facto parent: Form JV-295 (De Facto Parent Request) and Form JV-296 (De Facto Parent Statement), available online at http://www.courts.ca.gov/documents/jv295.pdf and http://www.courts.ca.gov/documents/jv296.pdf . ↑
Cal. Rules of Court § 5.502(10). ↑
Judicial Council of Cal., “De Facto Parents,” (2015), ( http://www.courts.ca.gov/1207.htm ). ↑
Cal. Welf. & Inst. Code § 388; see also §§ 366.3(b), 778. To request a change in custody or visitation, use Form JV-180 available online at http://www.courts.ca.gov/documents/jv180.pdf . ↑
See, e.g., In re A.S., 174 Cal. App. 4th 1511 (2009) (juvenile dependency court lacked jurisdiction to modify previous order 6 years after dependency jurisdiction had been terminated). ↑
Cal. Welf. & Inst. Code §§ 388, 778; telephone call with Eleanor Miller, reentry attorney, Pepperdine Legal Aid Clinic, Jan. 6, 2015. ↑
See, e.g., In re Ernesto R., 230 Cal. App. 4th 219 (2014), reh'g denied (Oct. 17, 2014) (mother's completion of drug treatment program did not establish sufficiently changed circumstances, and mother’s recent sobriety reflected “changing”—not changed—circumstances, where mother had a history of drug relapses, was in the early stages of recovery, and was still addressing a chronic substance abuse problem); In re Marcelo B., 209 Cal. App. 4th 635 (2012) (father's participation in 12-step meetings, completion of substance abuse program, and attendance at parenting classes were not prima facie evidence of change in circumstances, where father had already received extensive treatment for his alcoholism before the relapse that led to the current dependency proceeding); In re C.J.W., 157 Cal. App. 4th 1075 (2007) (parents’ rehabilitation efforts did not establish changed circumstances where both parent had extensive histories of drug use and years of failing to reunify with their other children, and where their efforts at rehabilitation were only three months old at time of petition); see also In re J.C., 226 Cal. App. 4th 503 (2014), review denied (Aug. 13, 2014) (although mother's long term sobriety and renewed interest in parenting classes showed changed circumstances, she did not establish that changing court order to give her custody of child would be in the child's best interests, where child had a loving and stable placement with her maternal aunt, who had cared for child since her birth. The aunt had assumed full parental responsibilities and care for child, and the mother failed to present any evidence that child's best interests in permanency and stability would be furthered by the proposed modification). ↑
Cal. Welf. & Inst. Code § 302(d) (stating that a final custody or visitation order from juvenile dependency court may be modified in family court only if “the court finds that there has been a significant change of circumstances since the juvenile court issued the order and modification of the order is in the best interests of the child.”). For example, if you have already tried to change custody or visitation through a 388 petition in juvenile dependency court, and the judge denied your petition, then you may go to family court to request changes in custody or visitation. ↑
Telephone call with Eleanor Miller, reentry attorney, Pepperdine Legal Aid Clinic, Jan. 6, 2015; electronic communication from Eleanor Miller, reentry attorney, Pepperdine Legal Aid Clinic, Jan. 9, 2015. ↑
Cal. Welf. & Inst. Code § 627 et. seq. ↑
Cal. Penal Code § 859.5(g)(1). ↑
Cal. Welf & Inst. Code § 627. ↑
Cal. Welf & Inst. Code § 627.5. ↑
Cal. Rule of Court § 5.552. ↑
Judicial Council of Cal. “Juvenile Deliquency” (2015), http://www.courts.ca.gov/selfhelp-delinquency.htm . ↑
Judicial Council of Cal. “Restitution Basics for Victims of Offenses by Juveniles,” (2012), http://www.courts.ca.gov/documents/restitution_basics_juvenile_web.pdf . ↑
In re Jeffrey M., 141 Cal. App 4, 1018 section 730.7 ↑
Judicial Council of Cal. “Juvenile Deliquency FAQs” (2015), ( http://www.courts.ca.gov/1218.htm ). ↑
Judicial Council of Cal. “Juvenile Deliquency” (2015), http://www.courts.ca.gov/selfhelp-delinquency.htm . ↑
Judicial Council of Cal. “Guide to Juvenile Court” (2015), http://www.courts.ca.gov/1216.htm . ↑
Guide to Juvenile Court, California Courts, http://www.courts.ca.gov/1216.htm ↑
Guide to Juvenile Court, California Courts, http://www.courts.ca.gov/1216.htm ↑
Judicial Council of Cal. “Guide to Juvenile Court” (2015), http://www.courts.ca.gov/1216.htm . ↑
Judicial Council of Cal. “Juvenile Court Information for Parents, JV-060” (2006), http://www.courts.ca.gov/documents/jv060.pdf . ↑
Judicial Council of Cal. “Juvenile Court Information for Parents, JV-060” (2006), http://www.courts.ca.gov/documents/jv060.pdf . ↑
Judicial Council of Cal. “Guide to Juvenile Court” (2015), http://www.courts.ca.gov/1216.htm . ↑
Judicial Council of Cal. “Guide to Juvenile Court” (2015), http://www.courts.ca.gov/1216.htm . ↑
If your child is tried in adult court, he/she will be sent to the Division of Adult Operations of the CDCR. ↑
Judicial Council of Cal. “Juvenile Deliquency” (2015), http://www.courts.ca.gov/selfhelp-delinquency.htm . ↑
Judicial Council of Cal. “Juvenile Deliquency” (2015), http://www.courts.ca.gov/selfhelp-delinquency.htm . ↑
Judicial Council of Cal. “Juvenile Deliquency” (2015), http://www.courts.ca.gov/selfhelp-delinquency.htm . ↑
Judicial Council of Cal. “Sealing Juvenile Records” (2015), http://www.courts.ca.gov/28120.htm ↑
Judicial Council of Cal. “Sealing Juvenile Records” (2015), http://www.courts.ca.gov/28120.htm ↑
http://www.prisonerswithchildren.org/wp-content/uploads/2013/01/CA-Mother-Infant-Prison-Programs_report.pdf p.1 ↑
http://www.prisonerswithchildren.org/wp-content/uploads/2013/01/CA-Mother-Infant-Prison-Programs_report.pdf p.1 ↑
Cal. Penal Code §1174. ↑
Cal. Penal Code §1174. ↑
Cal. Penal Code §1174. ↑
Statutory eligibility requirements for the Family Foundations Program are found in California Penal Code section 1174.4 ↑
Cal. Penal Code §1174.4(b)(4). ↑
8 Undated information sheet entitled “The Family Foundations Program, California Department of Corrections and Rehabilitation, A New Chance for Inmate Mothers”. ↑
Cal. Penal Code §3417, 54045.20 Community Treatment Programs State of California Department of Corrections Operation Manual, Article 45 — Care, Treatment, & Security of Pregnant Offenders, http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/DOM/DOM%202015/DOM%202015.PDF ↑
Cal. Penal Code §3412; See Cal. Penal Code §3417 ↑
54045.20 Community Treatment Programs, State of California Department of Corrections Operation Manual, Article 45 — Care, Treatment, & Security of Pregnant Offenders, http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/DOM/DOM%202015/DOM%202015.PDF http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/DOM/DOM%202015/DOM%202015.PDF ↑
Cal. Penal Code §§ 3412-3424. ↑
For the complete list of eligibility requirements, please visit http://www.cdcr.ca.gov/Adult_Operations/FOPS/docs/COMMUNITY%20PRISONER%20MOTHER%20PROGRAM%20CRITERIA%202012.pdf . ↑
Cal. Penal Code § 3417 et seq. If you were convicted of certain sex or drug offenses, unless there were “mitigating circumstances”, if you pose a “probability of absconding”, “engaging in other conduct adverse to herself or to other participants”, or “posing an unreasonable risk to the public.” Other crimes that can make you ineligible for CPMP as defined under the California Penal Code include: murder, mayhem, aggravated mayhem, kidnapping, lewd acts on a child under the age of 14, any felony that inflicts great bodily injury on a person other than accomplices, forcible rape, sodomy, child abuse, oral copulation. ↑
Cal. Penal Code § 3417 et seq. ↑
Child Born to Mother Incarcerated/Hospitalized in a State Institution, CWDA Protocol, Revised by CWDA Children’s Committee 2/2011, http://www.cwda.org/downloads/tools/cws/CWDA-Child-Born-to-Mother-Incarcerated-Hosptalized-in-a-State-Institution.pdf . ↑
Legal Services for Prisoners with Children, “Incarcerated Parents Manual,” pg. 22, (updated 2015), available at http://www.prisonerswithchildren.org/wp-content/uploads/2015/03/IPM-final-2-12-2015.pdf ↑
Judicial Council Of Cal, “Establishing Parentage/Paternity,” (2015), http://www.courts.ca.gov/1201.htm . ↑
Cal. Fam. Code § 7573. ↑
Judicial Council Of Cal., “Establishing Parentage/Paternity,” (2015), http://www.courts.ca.gov/1201.htm . ↑
Judicial Council Of Cal., “Establishing Parentage/Paternity,” (2015), http://www.courts.ca.gov/1201.htm . ↑
Judicial Council of Cal., Asking for a Spousal/Partner Support Order, http://www.courts.ca.gov/9050.htm . ↑
See Judicial Council of Cal., Asking for a Spousal/Partner Support Order, http://www.courts.ca.gov/9050.htm . ↑
Allie Bidwell, Report: Prison Education Programs Could Save Money, U.S. News & World Report (Aug. 22, 2013) http://www.usnews.com/news/articles/2013/08/22/report-prison-education-programs-could-save-money ; see also Ctr. for Cmt’y. Alt., The Use of Criminal History Records in College Admissions Reconsidered (2010) (“Post-secondary educational programs have been shown to reduce recidivism by approximately 40 percent. A research brief . . . reported on a Texas study in which participation in higher education lowered recidivism to 15 percent, 13 percent and under 1 percent for people who earned an associate’s, bachelors, and master’s degree, respectively. In contrast, the general recidivism rate hovers around 63 percent nationally. A study of recidivism rates among women showed that only 7.7 percent of those who took college courses in prison returned to prison after release, compared to 29.9 percent of those who did not participate in the college program. State-level studies in Texas, California, Alabama, and Maryland have, over the course of many years, shown significant reductions in recidivism associated with higher education in correctional settings.” (internal quotation marks omitted)). ↑
See Coll. Bd., Quick Guide: Your College Degree Options, www.bigfuture.collegeboard.org/find-colleges/college-101/quick-guide-your-college-degree-options ; Nat’l Coll. Transition Network, Educational Planning, www.collegeforadults.org/career/ed.html . ↑
See Cal. Dep’t Corr. & Rehab., Operations Manual, 101010.1–101010.5.1 (2015). ↑
For example, in Alameda County, “The Big Blue Book” is a comprehensive guide to Alameda County health and human services agencies and organizations. Although the book is not free, it is sold to hundreds of non-profits, government agencies, faith-based organizations, and community organizations. To purchase, visit Big Blue Book, Eden I&R Inc., http://www.edenir.org/BigBlueBook.html . ↑
Certain programs and resources must be available in correctional facilities according to federal or state law; others are provided according to institutional policies and regulations. See U.S. Dep’t Justice, Program Statement 1315.07 Inmate Legal Activities (Nov. 5, 1999). ↑
18 U.S.C. § 3624(f)(4); 28 C.F.R. pt. 544 subpt. H; U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5300.21, Education, Training, and Leisure Time Program Standards (Feb. 18, 2002); U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5350.24 English-as-a-Second-Language Program (July 24, 1997); U.S. Dep’t Justice, Legal Resource Guide to the Federal Bureau of Prisons (2014) at 19-20. ↑
28 C.F.R. pt. 544, subpt. D; pt. 5553; U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5300.21, Education, Training, and Leisure Time Program Standards (Feb. 18, 2002); U.S. Dep’t Justice, Legal Resource Guide to the Federal Bureau of Prisons, 19-20 (2014). ↑
Christopher Zoukis, Education in the Federal Bureau of Prisons, Prison Education.com (May 23, 2013), www.prisoneducation.com/prison-education-news/education-in-the-federal-bureau-of-prisons.html . ↑
Cal. Dep’t Corr. & Rehab., Operations Manual, 101010.1–101010.5.1 (2015); Office of Correctional Education, Cal. Dep’t of Corr. & Rehab., Div. of Rehabilitative Programs. ↑
Cal. Veh. Code § 1900 et seq. ↑
Cal. Veh. Code §§ 1900-1909.5. ↑
See Anna Crayton & Nicole Lindahl, Back to School: A Guide to Continuing Your Education after Prison, Prisoner Reentry Institute, John Jay College of Criminal Justice (2010). ↑
See U.S. Dep’t of Educ. Office of Vocational & Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012). ↑
Cal. Veh. Code § 69400 (“No person subject to the federal Military Selective Service Act (50 U.S.C. App. 451 et seq.) shall receive any financial aid pursuant to this part if that person has not registered in accordance with that act.”). ↑
Ctrs. for Disease Control & Prevention, Vaccine Information for Adults: Keeping Your Vaccine Records Up to Date, http://www.cdc.gov/vaccines/adults/vaccination-records.html#record-vacc. ↑
Ctrs. for Disease Control & Prevention, Vaccine Information for Adults: Keeping Your Vaccine Records Up to Date, http://www.cdc.gov/vaccines/adults/vaccination-records.html#record-vacc ; see also Cal. Dep’t of Public Health Programs, Finding Old Immunization Records, http://www.cdph.ca.gov/programs/immunize/PG.s/FindingOldImmunizationRecords.aspx . ↑
Ctrs. for Disease Control & Prevention, Vaccine Information for Adults: Keeping Your Vaccine Records Up to Date, http://www.cdc.gov/vaccines/adults/vaccination-records.html - record-vacc . ↑
49 U.S.C § 44935(e)(2)(B). ↑
5 U.S.C. § 7371(b). ↑
10 U.S.C. § 2408(a). ↑
42 U.S.C. § 13726b(b)(1). ↑
46 U.S.C. § 70105(c). ↑
12 U.S.C. § 1829. ↑
18 U.S.C. § 1033(e). ↑
29 U.S.C. § 1111(a). ↑
42 U.S.C. § 13041(a). ↑
Cal. Veh. Code § 44830.1(a). ↑
Professional/occupational licensure is governed by Cal. Bus. & Prof. Code §§ 475-99. ↑
See, e.g., Cal. Bus. & Prof. Code § 478. ↑
Explore Careers: Career Profiles, U.S. Dep’t of Labor CareerOneStop, http://www.careeronestop.org/explorecareers/learn/career-profiles.aspx . ↑
Explore Careers: License Finder, U.S. Dep’t of Labor CareerOneStop, http://www.careeronestop.org/explorecareers/find-licenses.aspx . ↑
Explore Careers: Certification Finder, U.S. Dep’t of Labor CareerOneStop, www.careeronestop.org/Education Training/Find/certification-finder.aspx . ↑
Job Search Help for Ex-Offenders, U.S. Dep’t of Labor CareerOneStop, www.careeronestop.org/ExOffender/index.aspx . ↑
Fed. Bureau of Labor Statistics, Certificates: A Fast Track to Career, Occupational Outlook Quarterly, 16, (Winter 2012-2013). ↑
DCA Boards and Bureaus, Cal. Dep’t of Consumer Affairs, http://www.dca.ca.gov/about_dca/entities.shtml . ↑
See Fed. Bureau of Labor Statistics, Certificates: A Fast Track to Career, Occupational Outlook Quarterly (Winter 2012-13), at 16-17. ↑
The U.S. Bureau of Labor Statistics releases the Occupational Outlook Handbook and the Career Guide to Industries every two years. These resources offer information about the nature of work, working conditions, training and education, earnings, and job outlook for hundreds of different occupations. ↑
Fed. Bureau of Labor Statistics, Certificates: A Fast Track to Career, Occupational Outlook Quarterly (Winter 2012-13), at. 16-17. ↑
Cal. Dep’t of Corr. & Rehab. Div. of Rehabilitative Programs, http://www.cdcr.ca.gov/rehabilitation/oce.html ; Cal. Dep’t Corr. & Rehab., Operations Manual, 101010.1–101010.4. (2015); Cal. Veh. Code § 1900 et seq. ↑
Cal. Dep’t Corr. & Rehab., Operations Manual, 101010.1–101010.4 (2015). ↑
Cal. Penal Code § 290.01(a) ↑
Cal. Penal Code § 290.01(b) ↑
Fed. Bureau of Labor Statistics, Certificates: A Fast Track to Career, Occupational Outlook Quarterly, 15 (Winter 2012-2013). ↑
34 C.F.R. § 600.2. U.S. Dep’t of Educ. Office of Vocational and Adult Educ., Take Charge of Your Future: Get the Education and Training You Need ( 2012).; see also Anna Crayton & Nicole Lindahl, Back to School: A Guide to Continuing Your Education after Prison, Prisoner Reentry Institute, John Jay College of Criminal Justice (2010). There are many accrediting agencies out there, but only some are nationally recognized as legitimate. See Fed. Bureau of Labor Statistics, Certificates: A Fast Track to Career, Occupational Outlook Quarterly p. 15 (Winter 2012-2013). Current lists of nationally recognized accrediting agencies are posted online by the U.S. Dep’t of Educ. and Council for Higher Education Accreditation. See Regional & National Institutional Accrediting Agencies, U.S. Dep’t. of Educ., www2.ed.gov/admins/finaid/accred/accreditation_PG6.html ; Recognized Accrediting Organizations, Council for Higher Educ. Accreditation (as of Jan. 2015), www.chea.org/pdf/CHEA_USDE_AllAccred.pdf ; For more details on accreditation, see Diploma Mills & Accreditation—Accreditation, U.S. Dep’t of Educ., www2.ed.gov/students/prep/college/diplomamills/accreditation.html . ↑
See Fed. Bureau of Labor Statistics, Certificates: A Fast Track to Career, Occupational Outlook Quarterly, Winter 2002-03. ↑
Schools are legally required to provide this document if they receive federal funding. See Fed. Bureau of Labor Statistics, Certificates: A Fast Track to Career, Occupational Outlook Quarterly, Winter 2012-13 at 15-16. ↑
Fed. Bureau of Labor Statistics, Certificates: A Fast Track to Career, Occupational Outlook Quarterly, Winter 2012-13 at 15-16 . ↑
Fed. Bureau of Labor Statistics, Certificates: A Fast Track to Career, Occupational Outlook Quarterly, Winter 2012-13 at 14; see also Tips for Students to Consider Before Enrolling at a Private Postsecondary School, Cal. Dept. of Consumer Affairs Bureau for Private Postsecondary Educ., www.bppe.ca.gov/students/tips.shtml . ↑
Fed. Bureau of Labor Statistics, Certificates: A Fast Track to Career, Occupational Outlook, Winter 2012-13 at 14; see also Council for Degree Mills: An Old Problem and a New Threat, Higher Educ. Accreditation, www.chea.org/degreemills/frmPaper.htm ; Tami Abdollah, California Lawmakers Target Diploma Mills, on So. Cal. Pub. Radio (May 10, 2012), www.scpr.org/blogs/education/2012/05/10/6063/california-lawmakers-target-diploma-mills . ↑
Fed. Bureau of Labor Statistics, Certificates: A Fast Track to Career, Occupational Outlook Quarterly, Winter 2012-13; see also Tami Abdollah, California Lawmakers Target Diploma Mills, on So. Cal. Pub. Radio (May 10, 2012), www.scpr.org/blogs/education/2012/05/10/6063/california-lawmakers-target-diploma-mills . ↑
Office of Correctional Education, Cal. Dep’t of Corr. & Rehab., http://www.cdcr.ca.gov/rehabilitation/oce.html . ↑
Ctr for Cmty. Alts., Criminal History Screening in College Admissions: A Guide for Attorneys Representing College Applicants and Students During and After Criminal Proceedings (2013). ↑
Almost 500 colleges and universities use the Common Application, which has a self-reporting question about criminal history. Many others that do not use the Common Application have similar questions on their own applications. Ctr for Cmty. Alts., The Use of Criminal History Records in College Admissions Reconsidered (2010). See also Benay Rubenstein, Overcoming Hurdles to Higher Education for Students With a Criminal Record, Open Society Foundations (Sep. 12, 2011), http://www.opensocietyfoundations.org/voices/overcoming-hurdles-higher-education-students-criminal-record . ↑
Ctr for Cmty. Alts. The Use of Criminal History Records in College Admissions Reconsidered (2010), http://www.communityalternatives.org/pdf/Reconsidered-criminal-hist-recs-in-college-admissions.pdf . ↑
Ctr for Cmty. Alts. The Use of Criminal History Records in College Admissions Reconsidered (2010), http://www.communityalternatives.org/pdf/Reconsidered-criminal-hist-recs-in-college-admissions.pdf . ↑
Ctr for Cmty. Alts. & Nat’l H.I.R.E. Network, Closing the Doors to Higher Education: Another Collateral Consequence of a Criminal Conviction (2008), www.communityalternatives.org/pdf/HigherEd.pdf ; see also East Bay Comty Law Ctr: Starting Over Strong, Applying to College with a Juvenile Record, (2012), www.ebclc.org/documents/sos/Applying_to_College.pdf . ↑
Investigative Consumer Reporting Agencies Act, Cal. Civ. Code §§ 1786.12, 1786.16(d). ↑
M.J.V. Olszewska, Undergraduate Admission Application as a Campus Crime Mitigation Measure: Disclosure of Applicants’ Disciplinary Background Information and Its Relationship to Campus Crime (2007) (unpublished Ph.D. dissertation, East Carolina University) (on file with author). ↑
Ctr for Cmty. Alts., The Use of Criminal History Records in College Admissions Reconsidered (2010). ↑
Ctr for Cmty. Alts., The Use of Criminal History Records in College Admissions Reconsidered (2010). ↑
See also East Bay Comty Law Ctr: Starting Over Strong, Applying to College with a Juvenile Record (2012), www.ebclc.org/documents/sos/Applying_to_College.pdf . ↑
The Common Application specifically asks about adjudications. See Ctr for Cmty. Alts., Criminal History Screening in College Admissions: A Guide for Attorneys Representing College Applicants and Students During and After Criminal Proceedings (Jan. 2013). ↑
See also East Bay Comty Law Ctr: Starting Over Strong, Applying to College with a Juvenile Record (2012), www.ebclc.org/documents/sos/Applying_to_College.pdf . ↑
Cal. Welf. & Inst. Code § 781. ↑
TABE stands for Tests of Adult Basic Education; CASAS stands for Comprehensive Adult Student Assessment Systems. See U.S. Dep’t of Educ., Office of Vocational & Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012). ↑
18 U.S.C. § 3624(f)(4); 28 C.F.R. pt. 544 subpt. H; U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5300.21, Education, Training, and Leisure Time Program Standards (Feb. 18, 2002); U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5350.24 English-as-a-Second-Language Program (July 24, 1997); U.S. Dep’t Justice, Legal Resource Guide to the Federal Bureau of Prisons (2014) at 19-20; see also Christopher Zoukis, Education in the Federal Bureau of Prisons, Prison Education.com (May 23, 2013), www.prisoneducation.com/prison-education-news/education-in-the-federal-bureau-of-prisons.html . ↑
Frequently Asked Questions, Cal. Dep’t of Corr. & Rehab. Div. of Rehabilitative Programs, http://www.cdcr.ca.gov/rehabilitation/faqs.html - tabe . ↑
General Education Development (GED), Cal. Dep’t of Corr. & Rehab. Div. of Rehabilitative Programs, http://www.cdcr.ca.gov/rehabilitation/general-education-development.html . ↑
Telephone Interview with Fred Rutledge, Principal, Alameda County Educational Program (Apr. 2, 2015); see also Cal. Veh. Code §§ 1900-1909. ↑
Telephone Interview with Fred Rutledge, Principal, Alameda County Educational Program (Apr. 2, 2015). ↑
Interview with Carmen Garcia, Legal Administrative Assistant, Root & Rebound (April 15, 2015). ↑
See U.S. Dep’t of Educ. Office of Vocational & Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012). ↑
Nat’l Ctr. for Learning Disabilities, The State of Learning Disabilities (3d ed. 2014). ↑
U.S. Dep’t of Educ. Office of Vocational & Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012). ↑
Telephone Interview with Roy (last name unknown), Fed. Bureau of Prisons, Industries, Educ., & Vocational Training Div. (Apr. 2, 2015). ↑
Cal. Dep’t of Corr. & Rehab., Board of Parole Hearings, ADA Overview—Inmates with Disabilities (Oct. 2013). ↑
Telephone Interview with Fred Rutledge, Principal, Alameda County Educational Program (Apr. 2, 2015). ↑
Adult Learning Disability Assessment Process, Learning Disabilities Assoc. of America, http://ldaamerica.org/adult-learning-disability-assessment-process/ ; see also Anna Crayton & Nicole Lindahl, Back to School: A Guide to Continuing Your Education after Prison, Prisoner Reentry Institute, John Jay College of Criminal Justice (2010). ↑
Adult schools are funded by the state & federal governments. Cal. Veh. Code §§ 52501- 52503; Cal. Code Regs. tit. 5 § 10560; see also Workforce Investment Act of 1998, 20 U.S.C.§ 9201 (1998); Cal. Dep’t of Educ., Adult Education Program Overview, www.cde.ca.gov/sp/ae/po/ . ↑
Cal. Dep’t of Educ., Adult Education Program Overview, www.cde.ca.gov/sp/ae/po/ . ↑
U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5300.21, Education, Training, and Leisure Time Program Standards (Feb. 18, 2002); U.S. Dep’t Justice Fed. Bureau of Prisons, A Directory of Bureau of Prisons’ National Programs (May 2014); U.S. Dep’t Justice Fed. Bureau of Prisons, Custody & Care: Education Programs, www.bop.gov/inmates/custody_&_care/education.jsp ; U.S. Dep’t Justice Fed. Bureau of Prisons, Inmate Information Handbook Federal Bureau of Prisons: Programs and Services—Education Programs (Nov. 2012) at 16. ↑
Cal. Dep’t Corr. & Rehab., Operations Manual 101010.5.3 (2015). ↑
Cal. Veh. Code § 1900 et seq.; Cal. Dep’t of Educ., Adult Education Program Overview, www.cde.ca.gov/sp/ae/po/ . ↑
Cal. Veh. Code § 52501- 52503; Cal. Code Regs. tit. 5 § 10560; Cal. Dep’t of Educ., Adult Education Program Overview, www.cde.ca.gov/sp/ae/po/ ; Cal. Adult Schools, Frequently Asked Questions, www.californiaadultschools.org/cas/news/45-school-stories/118-faq . ↑
ESL students must reach an 8 th grade level in listening and reading comprehension; pre-GED students must log 240 class hours of Adult Literacy or earn a GED, whichever comes first. See U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5350.24 English-as-a-Second-Language Program (July 24, 1997); U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5350.28 Literacy Program (GED Standard) (Feb. 1, 2003); U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5300.21, Education Training & Leisure Time Program Standards (Feb. 18, 2012); U.S. Dep’t Justice Fed. Bureau of Prisons, A Directory of Bureau of Prisons’ National Programs (May 21, 2014) at 1-3; see also 18 U.S.C. § 3624. ↑
U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5350.24 English-as-a-Second-Language Program (July 24, 1997); U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5350.28 Literacy Program (GED Standard) (Dec. 1, 2003); U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5300.21, Education, Training, and Leisure Time Program Standards (Feb. 18, 2002); U.S. Dep’t Justice Fed. Bureau of Prisons, A Directory of Bureau of Prisons’ National Programs (May 21, 2014) at 1-3. ↑
Cal. Dep’t Corr. & Rehab., Operations Manual, 101010.3.4–101010.3.5, (2015); Frequently Asked Questions, Cal. Dep’t of Corr. & Rehab. Div. of Rehabilitative Programs, www.cdcr.ca.gov/rehabilitation/faqs.html#tabe . ↑
Cal. Dep’t Corr. & Rehab., Operations Manual, 101010.1–101010.5.3 (2015). ↑
Cal. Dep’t of Corr. & Rehab. Div. of Rehabilitative Programs, Voluntary Education Program, www.cdcr.ca.gov/rehabilitation/voluntary-education-program.html ; see also Cal. Dep’t Corr. & Rehab., Operations Manual, 101010.3.4–101010.3.5 (2015). ↑
Cal. Veh. Code § 1900 et seq; Adult Education Program Overview, Cal. Dep’t of Educ., www.cde.ca.gov/sp/ae/po/ . ↑
See U.S. Dep’t of Educ. Office of Vocational & Adult Educ., Take Charge of Your Future: Get the Education and Training You Need ( 2012); Cal. Veh. Code § 52501- 52503; Cal. Code Regs. tit. 5 § 10560; Cal. Dep’t of Educ., Adult Education Program Overview, www.cde.ca.gov/sp/ae/po/ . ↑
28 C.F.R. §§ 544.70 (federal inmates who do not have a GED or high school diploma are required to take adult literacy classes), 544.81 (warden shall ensure every inmate with the need, capacity, and time has the opportunity to complete and adult literacy program leading toward a GED or high school diploma). ↑
Cal. Dep’t Corr. & Rehab., Operations Manual §§ 101010.1–101010.3.1, 101010.5.1, 101010.5.4 (2015); see also Office of Correctional Education, Cal. Dep’t Corr. & Rehab., http://www.cdcr.ca.gov/Correctional_Education/index.html . ↑
Cal. Veh. Code §§ 1900-1909.5; Cal. Dep’t of Educ., Adult Education Program Overview, www.cde.ca.gov/sp/ae/po/ . ↑
Cal. Veh. Code §§ 52501- 52503; Cal. Code Regs. tit. 5 § 10560; Cal. Dep’t of Educ., Adult Education Program Overview, www.cde.ca.gov/sp/ae/po/ . ↑
5 Cal. Code Regs. §§ 11530-11532. ↑
Cal. Dep’t of Educ., http://www.cde.ca.gov/ta/tg/gd/ . ↑
GED Description—CalEdFacts, Cal. Dep’t of Educ., www.cde.ca.gov/ta/tg/gd/cefged.asp ; 2014 California, GED Testing Service, www.gedtestingservice.com/testers/policy_ca . ↑
U.S. Dep’t of Educ. Office of Vocational & Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012); Frequently Asked Questions, GED Testing Service, www.gedtestingservice.com/testers/mygedfaqs . ↑
Cal. Veh. Code § 51420. ↑
See Cal. Adult Schools, Adult Education Programs, http://www.californiaadultschools.org/cas/programs#core6 . ↑
28 C.F.R. §§ 544.70 (federal inmates who do not have a GED or high school diploma are required to take adult literacy classes), 544.81 (warden shall ensure every inmate with the need, capacity, and time has the opportunity to complete and adult literacy program leading toward a GED or high school diploma). ↑
Cal. Dep’t Corr. & Rehab., Operations Manual, 101010.1–101010.5.4 (2015); see also Office of Correctional Education, Cal. Dep’t of Corr. & Rehab., http://www.cdcr.ca.gov/Correctional_Education/index.html . ↑
Cal. Veh. Code §§ 1900-1909.5; see also Adult Education Program Overview, Cal. Dep’t of Educ., www.cde.ca.gov/sp/ae/po/ . ↑
Interview with Carmen Garcia, Legal Administrative Assistant, Root & Rebound (April 15, 2015). ↑
You can get a fee discount when you register to retake parts of the GED test. You get up to 2 discounted retakes for each subject module. For details, visit GED Testing Serv., 2014 California, www.gedtestingservice.com/testers/policy_ca#price . ↑
See Cal. Dep’t of Educ., General Education Development Description—CalEdFacts, www.cde.ca.gov/ta/tg/gd/cefged.asp . However, you will have to pay for additional copies of your results (called GED transcripts). To find out more, GED Testing Serv., Request a Transcript, www.gedtestingservice.com/testers/gedrequest-a-transcript . ↑
Cal. Veh. Code § 52501, 52502, 52503; Cal. Code Regs. tit. 5 § 10560 (year); Cal. Dep’t of Educ., Adult Education Program Overview, www.cde.ca.gov/sp/ae/po/ ; Cal. Adult Schools., Frequently Asked Questions, www.californiaadultschools.org/cas/news/45-school-stories/118-faq . ↑
Cal. Dep’t of Educ., General Education Development Description—CalEdFacts, www.cde.ca.gov/ta/tg/gd/cefged.asp ; GED Testing Serv., 2014 California, www.gedtestingservice.com/testers/policy_ca . ↑
GED Testing Serv., 2014 California, www.gedtestingservice.com/testers/policy_ca .; Cal. Dep’t of Educ., High School Equivalency Tests, www.cde.ca.gov/ta/tg/gd/ ; GED Testing Serv., Frequently Asked Questions, http://www.gedtestingservice.com/educators/2014-faqs#corr . ↑
If you do not have a high school credential, you will be required enroll in adult literacy classes (up to 240 hours, or until you earn a GED, whichever comes first). See U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5350.28 Literacy Program (GED Standard) (Feb. 1, 2003); U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5300.21 Education Training & Leisure Time (Feb. 18, 2001); U.S. Dep’t Justice Fed. Bureau of Prisons, A Directory of Bureau of Prisons’ National Programs (May 21, 2014) at 1-3. ↑
Cal. Dep’t of Corr. & Rehab. Div. of Rehabilitative Programs, General Education Development, www.cdcr.ca.gov/rehabilitation/general-education-development.html ↑
Cal. Dep’t of Corr. & Rehab. Div. of Rehabilitative Programs, Voluntary Education Program, www.cdcr.ca.gov/rehabilitation/voluntary-education-program.html ; Cal. Dep’t Corr. & Rehab., Operations Manual 101010.1 - 101010.5.4 (2015). ↑
Cal. Dep’t Corr. & Rehab., Operations Manual 101010.1–101010.5.4 (2015); Cal. Dep’t of Corr. & Rehab. Div. of Rehabilitative Programs, Frequently Asked Questions, www.cdcr.ca.gov/rehabilitation/faqs.html#tabe . ↑
Cal. Veh. Code §§ 1900-1909.5; Cal. Dep’t of Educ., Adult Education Program Overview, www.cde.ca.gov/sp/ae/po/ . ↑
Interview with Carmen Garcia, Legal Administrative Assistant, Root & Rebound (April 15, 2015). ↑
U.S. Dep’t of Educ. Office of Vocational & Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012). ↑
U.S. Dep’t of Educ. Office of Vocational & Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012). ↑
U.S. Dep’t of Educ. Office of Vocational & Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012); Cal. Veh. Code §§ 52501- 52503; Cal. Code Regs. tit. 5 § 10560; Cal. Dep’t of Educ., Adult Program Overview, www.cde.ca.gov/sp/ae/po/ . ↑
GED Testing Serv., Frequently Asked Questions, www.gedtestingservice.com/testers/faqs-test-taker ; GED Testing Serv., Prepare for the Test: Locate a Prep Center, www.gedtestingservice.com/testers/locate-a-prep-center . ↑
If you don’t have a high school credential, you must be enrolled in a literacy class; and you must participate until you’ve spent 240 hours in class or until you earn your GED, whichever comes first. 28 C.F.R. § 544.70-75; see U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5350.28 Literacy Program (GED Standard) (Feb. 1, 2003); U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5300.21 Education Training & Leisure Time (Feb. 18, 2001); U.S. Dep’t Justice Fed. Bureau of Prisons, A Directory of Bureau of Prisons’ National Programs (May 21, 2014) at 1-3. ↑
Cal. Dep’t Corr. & Rehab., Operations Manual 101010.5.4 (2015); General Education Development, Cal. Dep’t of Corr. & Rehab. Div. of Rehabilitative Programs, www.cdcr.ca.gov/rehabilitation/general-education-development.html . You may also be able to get extra tutoring support through the Voluntary Education Program (VEP). See Voluntary Education Program, Cal. Dep’t of Corr. & Rehab. Div. of Rehabilitative Programs, www.cdcr.ca.gov/rehabilitation/voluntary-education-program.html . ↑
Test Taker Frequently Asked Questions, GED Testing Serv., www.gedtestingservice.com/testers/faqs-test-taker ; Locate a Prep Center, GED Testing Serv., www.gedtestingservice.com/testers/locate-a-prep-center . ↑
Locate a Prep Center, GED Testing Serv., www.gedtestingservice.com/testers/locate-a-prep-center . ↑
Local GED Test Centers by City, Cal. Dep’t of Educ., www.cde.ca.gov/ta/tg/gd/gedtestcntrs.asp ; see also Local GED Test Centers by County, Cal. Dep’t of Educ., www.cde.ca.gov/ta/tg/gd/centercounty.asp . ↑
Note: If you took any parts of the old paper-based GED before January 1, 2014, those scores no longer count. You must now take all four modules in the new computer-based format to earn your GED. See GED Testing Service: On the Record (June 25 - 26, 2012), www.ceanational.org/PDFs/QuestionsfromCorrectionsWebinarsFINAL.pdf . ↑
Acceptable forms of ID include: California driver license or ID card, passport, employment or work visa, green card, military or other government ID card, college ID card. See GED Eligibility, City Coll. of San Francisco, www.ccsf.edu/en/student-services/matriculation_services/ged_center/ged_eligibility.html . ↑
Acceptable forms of proof include: California driver license or ID card, birth certificate, tax returns, marriage license, car registration, utility bill, voter registration, bank statement, or apartment lease. 2014 California, GED Testing Serv., www.gedtestingservice.com/testers/policy_ca ↑
Frequently Asked Questions, GED Academy, www.passged.com/faqs.php . ↑
GED Test, Cal. Dep’t of Educ., www.cde.ca.gov/ta/tg/gd/gedtest.asp . ↑
2014 California, GED Testing Serv., www.gedtestingservice.com/testers/policy_ca . ↑
U.S. Dep’t of Educ. Office of Vocational & Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012). ↑
Adult schools are funded by the state and the national government. Cal. Veh. Code §§ 52501–52503; Cal. Code Regs. tit. 5 § 10560; Workforce Investment Act of 1998, 20 U.S.C.§ 9201 (1998); Adult Education Program Overview, Cal. Dep’t of Educ., www.cde.ca.gov/sp/ae/po/ . ↑
Adult Education Programs, Cal. Adult Schs., www.californiaadultschools.org/cas/programs#core5 . ↑
Earning Your California High School Diploma, Education Portal, www.education-portal.com/articles/Earning_Your_California_High_School_Diploma.html . ↑
See Adult Education Programs, Cal. Adult Schs., www.californiaadultschools.org/cas/programs#core6 ; High School Diploma (HD) Program, Cal. Dep’t of Corr. & Rehab. Div. of Rehabilitative Programs, www.cdcr.ca.gov/rehabilitaiton/high-school-diploma.html ; U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5350.28 Literacy Program (GED Standard) (Feb. 1, 2003); U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5300.21, Education, Training, and Leisure Time Program Standards (Feb. 18, 2002). ↑
See Adult Education Programs, Cal. Adult Schs., www.californiaadultschools.org/cas/programs#core6 . ↑
28 C.F.R. §§ 544.70 (federal inmates who do not have a GED or high school diploma are required to take adult literacy classes), 544.81 (warden shall ensure every inmate with the need, capacity, and time has the opportunity to complete and adult literacy program leading toward a GED or high school diploma). ↑
Cal. Dep’t Corr. & Rehab., Operations Manual, 101010.5.4 (2015); High School Diploma (HD) Program, Cal. Dep’t of Corr. & Rehab. Div. of Rehabilitative Programs, www.cdcr.ca.gov/rehabilitation/high-school-diploma.html/ . ↑
Cal. Veh. Code § 1900 et seq; Adult Education Program Overview, Cal. Dep’t of Educ., http://www.cde.ca.gov/sp/ae/po/ . ↑
Interview with Carmen Garcia, Legal Administrative Assistant, Root & Rebound (April 15, 2015). ↑
Cal. Veh. Code §§ 52501–52503; Cal. Code Regs. tit. 5 § 10560; Adult Education Program Overview, Cal. Dep’t of Educ., www.cde.ca.gov/sp/ae/po/ ; Frequently Asked Questions, Cal. Adult Schs., www.californiaadultschools.org/cas/news/45-school-stories/118-faq ↑
Federal Trade Commission, FTC Brings Two Actions Against Operators of Online ‘High Schools’ (Feb. 10, 2016), https://www.ftc.gov/news-events/press-releases/2016/02/ftc-brings-two-actions-against-operators-online-high-schools . ↑
Federal Trade Commission, Consumer Information, High School Diploma Scams, https://www.consumer.ftc.gov/articles/0539-high-school-diploma-scams . ↑
If you’re not fluent in English, you must be enrolled in ESL until you reach an 8 th grade level in listening and reading comprehension. Also, if you don’t have a high school credential, you must enroll in Adult Literacy classes until you log 240 hours of class time or until you earn a GED, whichever comes first. See U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5350.24 English-as-a-Second-Language Program (July 24, 1997); U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5350.28 Literacy Program (GED Standard) (Feb. 1, 2003); U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5300.21, Education, Training, and Leisure Time Program Standards (Feb. 18, 2002); U.S. Dep’t Justice, Fed. Bureau of Prisons, A Directory of Bureau of Prisons’ National Programs (May 21, 2014), pp. 1-3. ↑
Cal. Dep’t Corr. & Rehab., Operations Manual 101010.3.4–101010.5.4 (2015); High School Diploma (HD) Program, Cal. Dep’t of Corr. & Rehab. Div. of Rehabilitative Programs, www.cdcr.ca.gov/rehabilitaiton/high-school-diploma.html . ↑
Cal. Veh. Code § 1900 et seq; Adult Education Program Overview, Cal. Dep’t of Educ., www.cde.ca.gov/sp/ae/po/ . ↑
See U.S. Dep’t of Educ. Office of Vocational & Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012); Cal. Veh. Code §§ 52501- 52503; Cal. Code Regs. tit. 5 § 10560; Adult Education Program Overview, Cal. Dep’t of Educ., www.cde.ca.gov/sp/ae/po/ . ↑
See GED Preparation, High School Diploma/Basic Skills, San Diego Continuing Educ., http://www.sdce.edu/classes/high-school-ged-basic-skills ; General Education Development, Clackamas Cmt’y Coll., http://www.clackamas.edu/GED/ . ↑
See Rachel Aviv, Turning Experience Into College Credit, N.Y. Times (Oct. 30, 2008); Prior Learning Assessment Services, Council for Adult & Experiential Learning, Colls. & Univs., www.cael.org/whom-we-serve/colleges-and-universities/prior-learning-assessment-services . ↑
See Fed. Bureau of Labor Statistics, Certificates: A Fast Track to Career, Occupational Outlook Quarterly (Winter 2012-13), at 15-17. ↑
Fed. Bureau of Labor Statistics, Certificates: A Fast Track to Career, Occupational Outlook Quarterly (Winter 2012-13), at 15-16; CTE Disciplines, Univ. of Cal. www.ucop.edu/agguide/career-technical-education/disciplines/index.html ; Cal. Dep’t of Educ., CTE Framework for California Public Schools (2007); CTE Online, www.cteonline.org . ↑
See Fed. Bureau of Labor Statistics, Certificates: A Fast Track to Career, Occupational Outlook Quarterly (Winter 2012-13) at 12-13. ↑
See Fed. Bureau of Labor Statistics, Certificates: A Fast Track to Career, Occupational Outlook Quarterly (Winter 2012-13) at 15-16. Some CTE programs are designed to take up to 2 years and lead to an associate’s degree instead of a certificate. See U.S. Dep’t of Educ. Office of Vocational & Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012). ↑
See Fed. Bureau of Labor Statistics, Certificates: A Fast Track to Career, Occupational Outlook Quarterly (Winter 2012-13), at 4. ↑
U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5300.21, Education, Training, and Leisure Time Program Standards (Feb. 18, 2002); U.S. Dep’t Justice Fed. Bureau of Prisons, A Directory of Bureau of Prisons’ National Programs (May 2014); Education Programs, U.S. Dep’t Justice Fed. Bureau of Prisons, Custody & Care: Education Programs, www.bop.gov/inmates/custody_and_care/education.jsp . ↑
Cal. Dep’t Corr. & Rehab., Operations Manual, 101010.1–101010.4 (2015); CTE Programs, Cal. Dep’t of Corr. & Rehab.,Div. of Rehabilitative Programs, www.cdcr.ca.gov/rehabilitation/career-technical-education.html . ↑
Cal. Veh. Code § 1900 et seq.; Adult Education Program Overview, Cal. Dep’t of Educ., www.cde.ca.gov/sp/ae/po/ . ↑
Interview with Carmen Garcia, Legal Administrative Assistant, Root & Rebound (April 15, 2015). ↑
See Fed. Bureau of Labor Statistics, Certificates: A Fast Track to Career, Occupational Outlook Quarterly (Winter 2012-13) at 12-13. ↑
Cal. Veh. Code §§ 52501- 52503; Cal. Code Regs. tit. 5 § 10560; Adult Education Program Overview, Cal. Dep’t of Educ., www.cde.ca.gov/sp/ae/po/ ; Frequently Asked Questions, Cal. Adult Schools, www.californiaadultschools.org/cas/news/45-school-stories/118-faq . ↑
U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5353.01, OE Programs (Dec. 17, 2003) at 4. Note: All federal correctional facilities are mandated to offer OE training, with these exceptions: metropolitan correctional centers, metropolitan/federal detention centers, the Federal Transportation Center, satellite camps, and the administrative maximum facility. U.S. Dep’t Justice Fed. Bureau of Prisons, A Directory of Bureau of Prisons’ National Programs (May 2014) at 6. ↑
U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5300.21, Education, Training, and Leisure Time Program Standards (Feb. 18, 2002). Otherwise, if you’re able to work, you should be assigned to a paid institution job. See 28 C.F.R. pt. 545, subpt. C; U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5251.06, Inmate Work & Performance Pay, www.bop.gov/policy/progstat/5251_006.pdf ; U.S. Dep’t Justice Fed. Bureau of Prisons, Legal Resource Guide to the Federal Bureau of Prisons (2014) at 21. ↑
U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5353.01, OE Programs (Dec. 17, 2003) at 3. ↑
U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5300.21, Education, Training, and Leisure Time Program Standards (Feb. 18, 2002). ↑
U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5353.01, OE Programs (Dec. 17, 2003); U.S. Dep’t Justice Fed. Bureau of Prisons, A Directory of Bureau of Prisons’ National Programs (May 21, 2014) at 6. ↑
CDCR CTE programs are accredited by the Western Association of Schools and Colleges (WASC). Programs focus on 6 career fields: building and construction; energy and utilities; finance and business; public service; manufacturing and product development; and transportation. Some facilities offer programs in basic employment skills, while others offer more advanced programs that can lead to a certificate, license, and/or certification. See Office of Correctional Education, Cal. Dep’t of Corr. & Rehab. Div. of Rehabilitative Programs, www.cdcr.ca.gov/rehabilitation/oce.html ; Cal. Dep’t Corr. & Rehab., Operations Manual 101010.3.4–101010.5.4 (2015); CTE Programs, Cal. Dep’t of Corr. & Rehab. Div. of Rehabilitative Programs, www.cdcr.ca.gov/rehabilitation/career-technical-education.html . ↑
Facilities offering the Transitions Program include: Avenal State Prison, Central California Women’s Facility, California Institution for Men, California Institution for Women, California Men’s Colony, Correctional Training Facility, Chuckawalla Valley State Prison, Folsom Women’s Facility, High Desert State Prison, Ironwood State Prison, California State Prison—Los Angeles County, Substance Abuse Treatment Facility, and Valley State Prison. For a current list of facilities that offer the Transition Program, see Transitions Programs, Cal. Dep’t of Corr. & Rehab. Div. of Rehabilitative Programs, www.cdcr.ca.gov/rehabilitation/transitions-program.html . ↑
Fed. Bureau of Labor Statistics, Certificates: A Fast Track to Career, Occupational Outlook Quarterly (Winter 2012-13). ↑
U.S. Dep’t of Educ. Office of Vocational & Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012). ↑
U.S. Dep’t Justice Fed. Bureau of Prisons, A Directory of Prisons’ National Programs (May 21, 2012). ↑
In addition, attending college can allow you develop social connections with peers and teachers, which can be personally enriching and professionally useful. See Why Go to College?, Scholarships.com, www.scholarships.com/resources/college-prep/preparing-for-college/why-go-to-college/ . ↑
See Fed. Bureau of Labor Statistics, High Wages After High School—Without a Bachelor’s Degree, Occupational Outlook Quarterly, Summer 2012, www.bls.gov/careeroutlook/2012/summer/art03.pdf ; U.S Bureau of Labor Statistics, The 2004-14 Job Outlook for People Who Don’t Have a Bachelor’s Degree, Occupational Outlook Quarterly, Fall 2006; Adam Ozimek, Should Everyone Go to College? Forbes.com (May 29, 2014), www.forbes.com/sites/modeledbehavior/2014/05/29/should-everyone-go-to-college/ ; but see Data on Display: Education Still Pays, Fed. Bureau of Labor Statistics, www.bls.gov/careeroutlook/2014/data-on-display/print/education-still-pays.htm . ↑
See Dale J. Stephens, Do You Really Have to Go to College? New York Times (Mar. 7, 2013), www.thechoice.blogs.nytimes.com/2013/03/07/do-you-really-have-to-go-to-college/?_r=0 ; but see Why Students Don’t Go to College, Scholarships.com, www.scholarships.com/resources/college-prep/preparing-for-college/why-students-dont-go-to-college/ . ↑
See Fed. Bureau of Labor Statistics, Paying for College: Strategies to Afford Higher Education Today, Occupational Outlook Quarterly, Spring 2013, www.bls.gov/careeroutlook/2013/spring/art01.pdf . ↑
See Fed. Student Aid, Fact Sheet: Why Go to College?, www.studentaid.ed.gov/sites/default/files/why-go-to-college.pdf (citing 2011 Current Population Survey, Fed. Bureau of Labor Statistics). ↑
U.S. Dep’t of Educ. Office of Vocational & Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012). See also Quick Guide: Your College Degree Options, College Board, www.bigfuture.collegeboard.org/find-colleges/college-101/quick-guide-your-college-degree-options . ↑
Olivia Crosby, Associate Degree: Two Years to a Career or a Jump Start to a Bachelor’s Degree, Occupational Outlook Quarterly, Winter 2002-03. ↑
Olivia Crosby, Associate Degree: Two Years to a Career or a Jump Start to a Bachelor’s Degree, Occupational Outlook Quarterly, Winter 2002-03. ↑
Olivia Crosby, Associate Degree: Two Years to a Career or a Jump Start to a Bachelor’s Degree, Occupational Outlook Quarterly, Winter 2002-03. ↑
Stanford Criminal Justice Center/Chief Justice Earl Warren Institute on Law & Social Policy, Degrees of Freedom: Expanding Opportunities for Currently and Formerly Incarcerated Californians (Feb. 2015); see also U.S. Dep’t of Educ. Office of Vocational and Adult Educ., Take Charge of Your Future: Get the Education and Training You Need ( 2012). ↑
See Cal. Cmty Colls. Chancellor’s Office, http://www.cccco.edu/. ↑
U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5353.01, OE Programs (Dec. 17, 2003) at 4, www.bop.gov/policy/progstat/5353_001.pdf . Note: All federal correctional facilities are mandated to offer OE training, with these exceptions: metropolitan correctional centers, metropolitan/federal detention centers, the Federal Transportation Center, satellite camps, and the administrative maximum facility. U.S. Dep’t Justice Fed. Bureau of Prisons, A Directory of Bureau of Prisons’ National Programs (May 21, 2014) p.6. ↑
U.S. Dep’t Justice Fed. Bureau of Prisons, Program Statement 5353.01, OE Programs (Dec. 17, 2003). ↑
About Us, Prison Univ. Project, http://www.prisonuniversityproject.org/about-usPUP reference. ↑
U.S. Dep’t of Educ. Office of Vocational & Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012). See also Quick Guide: Your College Degree Options, College Board, www.bigfuture.collegeboard.org/find-colleges/college-101/quick-guide-your-college-degree-options . ↑
Most Bachelor’s degrees fall into one of these two categories, however there are a number of specialized Bachelor’s degrees such as Bachelor’s of Fine Arts and Bachelor’s of Architecture. ↑
U.S. Dep’t of Educ. Office of Vocational & Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012). See also Quick Guide: Your College Degree Options, College Board, www.bigfuture.collegeboard.org/find-colleges/college-101/quick-guide-your-college-degree-options . ↑
Public v. Private Colleges, My College Options, www.mycollegeoptions.org/Core/SiteContent/Students/Advice/College-Resource-Center/College-Search---Selection/College-Choices/Public-Vs-Private-Colleges.aspx ; Erika Ward, Private v. Public College: Which is Best for Me?, Campus Explorer, http://www.campusexplorer.com/college-advice-tips/C6F3EE61/Private-vs-Public-College-Which-is-Best-For-Me/ . ↑
Cal. Veh. Code §§ 68000-68084, 68120-68134, 89705-89707.5; Cal. Code Regs. tit. 5, §§ 41900-41916. ↑
Los Angeles Times, “Project Rebound wants to make life after prison successful through education,” (Nov. 11, 2016), http://www.latimes.com/socal/daily-pilot/entertainment/tn-wknd-et-1023-project-rebound-cal-state-fullerton-20161112-story.html . ↑
Project Rebound, Associated Students, Inc. of SF, http://asi.sfsu.edu/asi/programs/proj_rebound/about.html . ↑
Underground Scholars Initiative, Univ. Cal. Berkeley, https://callink.berkeley.edu/organization/usi/about . ↑
Tips for Students to Consider Before Enrolling at a Private Postsecondary School, Cal. Dep’t of Consumer Affairs Bureau for Private Postsecondary Educ., www.bppe.ca.gov/students/tips.shtml . ↑
About the SAT, SAT, http://sat.collegeboard.org/about-tests/sat ; ACT vs. SAT: Key Differences between the ACT and the SAT, Study Points, http://www.studypoint.com/ed/act-vs-sat/ . ↑
ACT vs. SAT: Key Differences between the ACT and the SAT, Study Points, http://www.studypoint.com/ed/act-vs-sat/ . ↑
SAT Fees for 2015-16, College Board, http://professionals.collegeboard.com/testing/sat-reasoning/register/fees . ↑
Current ACT Fees and Services, The ACT, http://www.actstudent.org/regist/actfees.html . ↑
Interview with Belinda (last name unknown), supervisor, SAT Testing Services (December 2, 2014). ↑
Can homebound or confined students take the ACT? The ACT, www.actstudent.org/faq/confined.html . Form available at Policies for the Arranged Testing 2014-2015, The ACT, http://www.act.org/aap/pdf/arranged.pdf . ↑
Register for the SAT, The SAT, http://sat.collegeboard.org/register/. ↑
Standing By, The SAT, http://sat.collegeboard.org/contact . ↑
How do I Sign Up for the ACT?, The ACT, http://www.actstudent.org/regist/ . ↑
U.S. Dep’t of Educ. Office of Vocational and Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012). ↑
U.S. Dep’t of Educ. Office of Vocational and Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012); see also Transferring Colleges, My College Guide, http://mycollegeguide.org/guru/15/transferring-colleges . ↑
U.S. Dep’t of Educ. Office of Vocational and Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012); What is College Transfer, CollegeTransfer.net, http://www.collegetransfer.net/AskCT/WhatisCollegeTransfer/tabid/2320/default.aspx . ↑
U.S. Dep’t of Educ. Office of Vocational and Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012); see also What is College Transfer, CollegeTransfer.net, http://mycollegeguide.org/guru/15/transferring-colleges . ↑
Anna Crayton & Nicole Lindahl, Back to School: A Guide to Continuing Your Education after Prison, Prisoner Reentry Institute, John Jay College of Criminal Justice (2010). ↑
34 C.F.R. § 600.2. See also U.S. Dep’t. of Educ. Fed. Student Aid, Federal Student Aid Handbook 2014-2015, vol. 2, ch. 2 at 12. ↑
34 C.F.R. § 600.2. See U.S. Dep’t. of Educ. Fed. Student Aid, Federal Student Aid Handbook 2014-2015, vol. 2, ch. 2 at 12. ↑
Cal. Cmty. Colls. Chancellor’s Office, Distance Education Report (Aug. 2013); see also What is Distance Learning? California Distance Learning Project, http://www.cdlponline.org . ↑
Cal. Cmty. Colls. Chancellor’s Office, Distance Education Report (Aug. 2013). ↑
U.S. Dep’t of Educ. Office of Vocational and Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012). ↑
See Online College Education Network (OCEN), http://www.ocen.org/online-college-programs.html . ↑
See Distance Learning Portal, http://www.distancelearningportal.com ; see also Online Degrees Program, http://www.onlinedegreeprograms.com , see also allOnlineSchools, http://www.allonlineschools.com . ↑
34 C.F.R. § 600.2. ↑
U.S. Dep’t of Educ. Office of Vocational and Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012). ↑
34 C.F.R. § 600.2. ↑
U.S. Dep’t of Educ. Office of Vocational and Adult Educ., Take Charge of Your Future: Get the Education and Training You Need (2012); see also Quick Guide: Your College Degree Options, College Board, www.bigfuture.collegeboard.org/find-colleges/college-101/quick-guide-your-college-degree-options . ↑
Paying for College: Strategies to Afford Higher Education Today, Occupational Outlook Quarterly, Spring 2013. ↑
U.S. Dep’t of Educ. Federal Student Aid, https://studentaid.ed.gov/ . ↑
U.S. Dep’t of Educ. Federal Student Aid, https://studentaid.ed.gov/ . ↑
U.S. Dep’t of Educ., http://www.ed.gov/. ↑
U.S. Dep’t of Educ. Federal Student Aid, https://studentaid.ed.gov/ . ↑
What Types of Federal Student Loans are Available?, U.S. Dep’t of Educ. Federal Student Aid, https://studentaid.ed.gov/types/loans . ↑
Types of Aid: Work-Study Jobs, U.S. Dep’t of Educ. Federal Student Aid, https://studentaid.ed.gov/types/work-study - how-much-can-i . ↑
U.S. Dep’t of Educ. Federal Student Aid, https://studentaid.ed.gov/ . ↑
20 U.S.C. § 1091(r)(1); see also Federal Student Aid; Students With Criminal Convictions, U.S. Dep’t of Educ. www.studentaid.ed.gov/eligibility/criminal-convictions . ↑
20 U.S.C. § 1091; see also Federal Student Aid; Students With Criminal Convictions, U.S. Dep’t of Educ., www.studentaid.ed.gov/eligibility/criminal-convictions . ↑
20 U.S.C. § 1091(r)(1); see also FAFSA Facts, U.S. Dep’t of Educ. Office of Nat’l Drug Control Policy, http://www.whitehouse.gov/sites/default/files/ondcp/recovery/fafsa.pdf . ↑
20 U.S.C. § 1070a(b)(6); see also Federal Student Aid; Students With Criminal Convictions, U.S. Dep’t of Educ. www.studentaid.ed.gov/eligibility/criminal-convictions . ↑
See 20 U.S.C. § 1070a(b)(6); 20 U.S.C. § 1 091(r); see also Federal Student Aid; Students With Criminal Convictions, U.S. Dep’t of Educ., www.studentaid.ed.gov/eligibility/criminal-convictions . ↑
See Benefits and Penalties, Selective Serv. Sys., https://www.sss.gov/Registration/Why-Register/Benefits-and-Penalties . ↑
Federal Student Aid; Students With Criminal Convictions, U.S. Dep’t of Educ. www.studentaid.ed.gov/eligibility/criminal-convictions . ↑
U.S. Dep’t of Educ. Fed. Student Aid Office, Federal Student Aid Eligibility for Students Confined in Adult Correctional and Juvenile Justice Facilities (Dec. 2014), https://studentaid.ed.gov/sites/default/files/aid-info-for-incarcerated-individuals.pdf . ↑
See 20 U.S.C. § 1070a(b)(6); 20 U.S.C. § 1091(r). See also Federal Student Aid; Students With Criminal Convictions, U.S. Dep’t of Educ., www.studentaid.ed.gov/eligibility/criminal-convictions . ↑
U.S. Dep’t of Educ. Fed. Student Aid Office, Federal Student Aid Eligibility for Students Confined in Adult Correctional and Juvenile Justice Facilities (Dec. 2014), https://studentaid.ed.gov/sites/default/files/aid-info-for-incarcerated-individuals.pdf . ↑
The Pell Grants can only be used to pay for tuition, fees, books and supplies required by education program. Incarcerated individuals will not be eligible to receive other types of Federal student aid under this pilot program. See U.S. Department of Education, “U.S. Department of Education Launches Second Chance Pell Pilot Program for Incarcerated Individuals,” (Jul. 31. 2015), http://www.ed.gov/news/press-releases/us-department-education-launches-second-chance-pell-pilot-program-incarcerated-individuals. ↑
U.S. Dep’t of Educ., 12,000 Incarcerated Students to Enroll in Post-Secondary Educational and Training Programs Through Education Department’s New Second Chance Pell Pilot Program (Jun. 2016), https://www.ed.gov/news/press-releases/12000-incarcerated-students-enroll-postsecondary-educational-and-training-programs-through-education-departments-new-second-chance-pell-pilot-program. ↑
U.S. Dep’t of Educ., Institutions selected for participation in the Second Chance Pell experiment in the 2016-2017 award year, https://www2.ed.gov/documents/press-releases/second-chance-pell-institutions.pdf . ↑
U.S. Dep’t of Educ. Fed. Student Aid Office, Federal Student Aid Eligibility for Students Confined in Adult Correctional and Juvenile Justice Facilities (Dec. 2014), https://studentaid.ed.gov/sites/default/files/aid-info-for-incarcerated-individuals.pdf . ↑
The Pell Grants can only be used to pay for tuition, fees, books and supplies required by education program. Incarcerated individuals will not be eligible to receive other types of Federal student aid under this pilot program. See U.S. Department of Education, “U.S. Department of Education Launches Second Chance Pell Pilot Program for Incarcerated Individuals,” (Jul. 31. 2015), http://www.ed.gov/news/press-releases/us-department-education-launches-second-chance-pell-pilot-program-incarcerated-individuals. ↑
U.S. Dep’t of Educ. Fed. Student Aid Office, Federal Student Aid Eligibility for Students Confined in Adult Correctional and Juvenile Justice Facilities (Dec. 2014), https://studentaid.ed.gov/sites/default/files/aid-info-for-incarcerated-individuals.pdf . ↑
U.S. Dep’t of Educ. Fed. Student Aid Office, Federal Student Aid Eligibility for Students Confined in Adult Correctional and Juvenile Justice Facilities (Dec. 2014), https://studentaid.ed.gov/sites/default/files/aid-info-for-incarcerated-individuals.pdf . ↑
U.S. DEP’T of Educ. Fed. Student Aid Office, Federal Student Aid Eligibility for Students Confined in Adult Correctional and Juvenile Justice Facilities (Dec. 2014), https://studentaid.ed.gov/sites/default/files/aid-info-for-incarcerated-individuals.pdf . ↑
Filling Out the FAFSA, U.S. Dep’t of Educ. Federal Student Aid, https://studentaid.ed.gov/fafsa/filling-out - documents . ↑
US Federal Student Aid Office, “Frequently Asked Questions ABOUT FEDERAL STUDENT AID from Incarcerated Individuals” (available at http://www.ceanational.org/PDFs/FAQ%20Incarcerated%20Individuals%20FINAL%2011.26.07.pdf ). ↑
Fed. Interagency Reetry Council, Reentry MythBuster on Repaying Federal Student Loans White Incarcerated, https://www2.ed.gov/students/prep/juvenile-justice-transition/repaying-loans-while-incarcerated.pdf . ↑
34 C.F.R. § 682.405. ↑
20 C.F.R. § 1098E. ↑
Cal. Student Aid Comm’n, http://www.csac.ca.gov/. ↑
CalGrants: Who Qualifies, Cal. Student Aid Comm’n, http://www.calgrants.org/index.cfm?navId=12 . ↑
CalGrants: Who Qualifies, Cal. Student Aid Comm’n, http://www.calgrants.org/index.cfm?navId=12 . ↑
Cal. Code Regs. tit. 5, § 58620; see also Board of Governor’s Fee Waiver, Coast Colls., http://www.cccd.edu/students/financial-aid/PG.s/Board-of-Governors-Fee-Waiver-%28BOGFW%29.aspx . ↑
Cal. Educ. Code § 69433.9. ↑
For example, an organization called the Transcending Through Education Foundation (TTF) in Rhode Island offers $1,000 scholarships for people who are currently incarcerated or recently released from Rhode Island DEP’T of Corrections facilities to pursue a higher education degree. See Transcending Through Educ., Incarcerated Students Encouraged to Apply for TTEF’s College Scholarship, http://transcendingthrougheducation.wordpress.com . ↑
20 U.S.C. § 1091 (part of the Higher Education Opportunity Act reauthorized as amended, 2008). See also U.S. Dep’t of Educ., Federal Student Aid: Students With Criminal Convictions, www.studentaid.ed.gov/eligibility/criminal-convictions . ↑
20 U.S.C. § 1091(r)(1). (Higher Education Opportunity Act, reauthorized as amended, 2008). See also FAFSA Facts, Office of National Drug Control Policy, U.S. Dep’t of Educ., http://www.whitehouse.gov/sites/default/files/ondcp/recovery/fafsa.pdf . ↑
20 U.S.C. § 1091(r)(2). (Rehabilitation). ↑
See Free Application for Federal Student Aid (FAFSA). ↑
Student Aid Eligibility Worksheet for Question 23 (2014-2015), Federal Student Aid Office, U.S. Dep’t of Educ., https://studentaid.ed.gov/sites/default/files/2014-15-student-aid-eligibility-drug-worksheet.pdf . ↑
Student Aid Eligibility Worksheet for Question 23 (2014-2015), Federal Student Aid Office, U.S. Dep’t of Educ., https://studentaid.ed.gov/sites/default/files/2014-15-student-aid-eligibility-drug-worksheet.pdf . ↑
Student Aid Eligibility Worksheet for Question 23 (2014-2015), Federal Student Aid Office, U.S. Dep’t of Educ., https://studentaid.ed.gov/sites/default/files/2014-15-student-aid-eligibility-drug-worksheet.pdf . ↑
Cal. Penal Code § 13125; Rap Sheets: Where They Begin and End, National Helping Individuals with Criminal Records Re-Enter through Employment (H.I.R.E.) Network, http://www.hirenetwork.org/content/rap-sheets-where-they-begin-and-end. ↑
Getting Out and Staying Out: A Guide to San Francisco Resources for People Leaving Jails and Prisons, San Francisco Reentry Council 45 (2012), http://sfgov2.org/ftp/_gfx/reentry/documents/Getting-Out-Staying-Out.pdf. ↑
Cal. Penal Code § 11105. ↑
28 C.F.R. § 16.31. ↑
Cal. Penal Code § 11105(b). ↑
Cal. Penal Code §§ 1120-1127. ↑
Challenge of an Identity History Summary, Fed. Bureau Investigation, http://www.fbi.gov/about-us/cjis/identity-history-summary-checks/challenge-of-an-identity-history-summary . ↑
See Identity History Summary Checks, Fed. Bureau Investigation, http://www.fbi.gov/about-us/cjis/identity-history-summary . ↑
State Identification Bureau Listings, Fed. Bureau Investigation, http://www.fbi.gov/about-us/cjis/identity-history-summary-checks/state-identification-bureau-listing . ↑
28 C.F.R. § 16.34. ↑
EXCEPTIONS: An agency can report these kinds of arrests or charges (1) if they are part of a case that hasn’t yet gone to trial or been resolved, meaning a “judgment is pending,” or (2) if you are applying to work at a health care facility and would have access to patients, drugs or medication. ↑
Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786.18(a). ↑
When a tax debt is not timely paid, the government’s legal claim against your property is considered a “tax lien.” Understanding a Federal Tax Lien, Internal Revenue Service, http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Understanding-a-Federal-Tax-Lien. ↑
How to Comply with the Fair Credit and Reporting Act, Consumer Data Industry Association, http://www.cdiaonline.org/HTC/htc.cfm?ItemNumber=1080. ↑
Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786.18(c). ↑
Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786.18(c). ↑
Cal. Civ. Code § 1786.18(d). ↑
Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786.18(d). ↑
Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786.18(c). ↑
Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786.18(c). ↑
Cal. Civ. Code § 1786.18(d). ↑
Cal. Civ. Code § 1786.26(c); Cal. Civ. Code § 1786.24; Fair Credit Reporting Act § 611, 15 U.S.C. § 1681(i). ↑
Cal. Civ. Code § 1786.24; Fair Credit Reporting Act § 611, 15 U.S.C. § 1681(i). ↑
Cal. Civ. Code § 1786.16. ↑
Cal. Civ. Code § 1786.40. ↑
Cal. Civ. Code § 1786.24(g). ↑
People v. Hillery (1967) 65 Cal.2d 795, 803. ↑
Cal. Pen. Code § 813(a) ↑
Cal. Civ. Code §§ 1785.1-1785.36. ↑
Cal. Civ. Code § 1786.2(c). ↑
Cal. Penal Code § 11105 (police departments, courts, District Attorney and Public Defender offices, parole and probation departments, and corrections agencies can access RAP sheets). ↑
Cal. Bus. & Prof. Code § 475; Cal. Penal Code § 11105 (occupational licenses are required for MANY professions, including: accountants, taxi drivers, architects, automotive repair persons, barbers and cosmetologists, cemetery and funeral service workers, contractors, court reporters, dental service professionals, electronic and appliance repair persons, physical therapists, real estate agents, security guards and private investigators, and nurses). See also Occupational Guides, Cal. Emp’t Dev’t Dep’t, http://www.labormarketinfo.edd.ca.gov/occguides/ ( listing 200+ professions that require occupational licenses in California). ↑
Cal. Penal Code § 11105(b). ↑
Cal. Penal Code § 11105(b). ↑
These employers include: nuclear power plants; public utilities; agencies directly responsible for the care of children, the elderly, or the mentally or physically disabled; youth organizations; in-home supportive care agencies; security organizations; financial institutions; private schools. See Cal. Penal Code §§ 11105(c)(1); 11105.3, 11105.4; Cal. Fin. Code § 777.5; Cal. Health & Safety Code § 1596.871; Cal. Veh. Code § 44237. However, private employers must still get authorization from the DOJ in order to view RAP sheets. ↑
FCRA, 15 U.S.C. § 1681b; Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786.12. ↑
FCRA, 15 U.S.C. § 1681b(a)(3)(E); Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786.12. ↑
FCRA, 15 U.S.C. § 1681b(a)(3)(F). A “legitimate business need” includes anything related to a business relationship you started, or a need to review an existing account or ensure that you meet the terms of the account. ↑
Telephone Interview with clerk, Cal. Dep’t of Justice Record Review Unit (Mar. 26, 2015). ↑
Fair Credit Reporting Act § 612 (a)(1)(A), 15 U.S.C. § 1681; Cal. Civ. Code § 1786.26(c); see also Cal. Civ. Code §§ 1786.10, 1786.11 & 1786.22. ↑
Fair Credit Reporting Act § 611, 15 U.S.C. § 1681i(a)(1)(A). ↑
Cleaning Your Record, California Courts, http://www.courts.ca.gov/1070.htm . ↑
Cleaning Your Record, California Courts, http://www.courts.ca.gov/1070.htm . ↑
Cal. Penal Code § 1203.4. ↑
Cal. Penal Code § 1203.4. ↑
Cal. Civ. Code § 1786.18. ↑
Cal. Lab. Code § 432.7. ↑
Cal. Penal Code § 1203.4; see Cleaning Your Record, California Courts, http://www.courts.ca.gov/1070.htm . ↑
Cal. Penal Code § 1203.4(a) [by exclusion]; see also Dealing With Criminal Records in Alameda County Self-Help Manual, East Bay Community Law Center (2005), http://ebclc.org/documents/AlamedaCountyCriminalRecords-SelfHelpManual-SP2005.pdf . ↑
Cal. Bus. & Prof. Code § 480(b). ↑
Cal. Civ. Code § 1786.12; cf. 24 C.F.R. § 960.203 (for public housing, PHA must consider specific mitigating factors (time, nature, extent, seriousness of applicant’s conduct) and may consider evidence of rehabilitation. Note: For government assisted programs, PHAs are only encouraged—but not required—to consider mitigating factors); cf. 24 C.F.R. § 982.553(d); 24 C.F.R. §§ 5.903(f), 5.905(d) (If PHA proposes to deny housing based on applicant’s criminal record, it must first give applicant the opportunity to dispute accuracy and relevance of information); cf. 24 C.F.R. §§ 982.552(c)(2), 5.852 (suggested factors to be considered with criminal convictions. Note: This non-exhaustive list does NOT expressly include dismissal/expungement/record cleaning remedies; see also, Lawrence R. McDonough & Mac McCreight, Wait a Minute: Slowing Down Criminal Activity Eviction Cases to Find the Truth, 41 Clearinghouse Rev. 55, 76 (May-June 2007). ↑
Students with Drug Convictions Have Limited Eligibility for Federal Student Aid, Federal Student Aid, https://studentaid.ed.gov/eligibility/criminal-convictions . ↑
Cal. Penal Code § 1203.4. ↑
See, e.g., People v. Sharman, 17 Cal. App. 3d 550 (Ct. App. 1971); ↑
Cal. Penal Code § 1203.4(a)(1). ↑
Cal. Penal Code § 1203.4(a)(1) (“However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed.”) ↑
Cal. Penal Code §§ 1203.4(a)(2), 29800 et seq. ↑
Cal. Penal Code § 290.007 (“Any person required to register pursuant to any provision of the Act shall register in accordance with the Act, regardless of whether the person’s conviction has been dismissed pursuant to Section 1203.4, unless the person obtains a certificate of rehabilitation and is entitled to relief from registration pursuant to Section 290.5.”). ↑
Cal. Penal Code §§ 1203.4; Cal. Veh. Code § 13555. ↑
Cal. Penal Code § 1203.4(a)(1). ↑
Cal. Bus. & Prof. § 480(a)(1). ↑
Cal. Penal Code § 1203.4(a)(3). ↑
Frequently Asked Questions, LA County Public Defender Office, http://pd.co.la.ca.us/faqs_Expungement.html ; Expungement (PC1203.4/1203.4a), Office of the Public Defender for San Diego County, http://www.sandiegocounty.gov/public_defender/expungement.html . ↑
Cal. Lab. Code § 432.7(b). ↑
Cal. Lab. Code § 432.7(f). ↑
12 U.S.C. § 1829. ↑
Cal. Penal Code § 1203.4(a)(1). ↑
Cal. Code Regs. tit. 2, § 7287.4(d)(1)(B); Cal. Lab. Code § 432.7(a). ↑
Cal. Penal Code §§ 1203.4, 1203.4a. ↑
Cal. Penal Code §§ 1203.4(a)(1), 1203.4a. ↑
Cal. Penal Code § 1203.4. ↑
Cal. Penal Code § 1203.4. ↑
Cal. Penal Code § 1170(h). ↑
Cal. Penal Code § 1203.41. ↑
Cal. Penal Code § 1203.41(a)(2). ↑
Cal. Penal Code § 1203.41(b)(1). ↑
Cal. Penal Code § 1203.41(b)(2). You must also report the conviction on applications for contracting with the California State Lottery Commission. ↑
Cal. Penal Code § 1203.41(b)(3). ↑
Cal. Penal Code § 1203.41(b)(4). ↑
Cal. Penal Code § 1203.4(a) (“In any case in which the defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendre and enter a plea of not guilty.”). ↑
Cal. Penal Code § 1203.4(a). ↑
People v. Butler, 105 Cal. App. 3d 585 (Ct. App. 1980) (defendant discharged early from probation was entitled to mandatory dismissal of conviction, despite owing unpaid restitution). ↑
See People v. Seymour, Case No. H040560 (Santa Clara County, Super. Ct. No. CC955665). ↑
Cal. Penal Code § 1203.4(a). ↑
In light of the decision in People v. Seymour, Case No. H040560 (Santa Clara County, Super. Ct. No. CC955665), it is unclear whether you can be denied mandatory expungement because of unpaid fines and reimbursements. However, you cannot be denied mandatory expungement because you still owe victim restitution. ↑
Cal. Penal Code § 1203.4(a); see Dealing With Criminal Records in Alameda County Self-Help Manual, East Bay Community Law Center (2005), http://ebclc.org/documents/AlamedaCountyCriminalRecords-SelfHelpManual-SP2005.pdf . ↑
See People v. Seymour, Case No. H040560 (Santa Clara County, Super. Ct. No. CC955665). ↑
Cal. Penal Code § 1203.4(a). ↑
Cal. Penal Code § 1203.4(c)(2). ↑
Cal. Penal Code § 1203.4a(b). ↑
See, e.g., People v. Holman, 214 Cal. App. 4th 1438 (2013); People v. Guillen, 218 Cal. App. 4th 975 (2013). ↑
Cal. Penal Code § 1203.4(a); see also People v. McLernon, 174 Cal. App. 4th 569 (2009). ↑
See PG1053. In light of the decision in People v. Seymour, Case No. H040560 (Santa Clara County, Super. Ct. No. CC955665), it is unclear whether you can be denied mandatory expungement because of unpaid fines and reimbursements. However, you cannot be denied mandatory expungement because you still owe victim restitution. ↑
Cal. Penal Code § 1000 et seq. ↑
Cal. Health & Safety Code §§ 11361.5, 11361.7. Note: Even if the records are not physically destroyed, they will no longer have any legal effect after 2 years. ↑
Cal. Health & Safety Code § 11357(b). ↑
Cal. Penal Code § 1203.3(a) (“The court may at any time when the ends of justice will be served thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held.”). ↑
Cal. Penal Code § 1203.3(a). ↑
People v. Guillen, 218 Cal. App. 4th 975, 982-83 (2013); People v. Hawley, 228 Cal. App. 3d 247, 249 (Ct. App. 1991). ↑
See PG. 1053. In light of the decision in People v. Seymour, Case No. H040560 (Santa Clara County, Super. Ct. No. CC955665), it is unclear whether you can be denied mandatory expungement because of unpaid fines and reimbursements. However, you cannot be denied mandatory expungement because you still owe victim restitution. ↑
People v. Hawley, 228 Cal. App. 3d 247 (Ct. App. 1991); People v. Guillen, 218 Cal. App. 4th 975 (2013); People v. Holman, 214 Cal. App. 4th 1447-48 (2013). ↑
People v. Hawley, 228 Cal. App. 3d 247 (Ct. App. 1991); People v. Guillen, 218 Cal. App. 4th 975 (2013). See also Early Termination of Probation in California, California Expungement Help, http://californiaexpungementhelp.com/early-termination-of-probation/ . ↑
Motion for Early Termination of Probation, Avvo, http://www.avvo.com/legal-guides/ugc/terminating-probation . ↑
People v. Guillen, 218 Cal. App. 4th 975 (2013); People v. Holman, 214 Cal. App. 4th 1447-48 (2013). ↑
People v. Guillen, 218 Cal. App. 4th 975 (2013). ↑
People v. Holman, 214 Cal. App. 4th 1447-48 (2013). ↑
People v. Guillen, 218 Cal. App. 4th 975 (2013). See also Motion for Early Termination of Probation, Avvo, http://www.avvo.com/legal-guides/ugc/terminating-probation . ↑
Cal. Penal Code §§ 1203.2(b), 3455(c), 3456(a)(1). ↑
Cal. Penal Code §§ 1203.2(b), 3456(a)(2). ↑
Cal. Penal Code § 1203.2(b). ↑
Cal. Penal Code §§ 1203.2(b), 3456(a)(2). ↑
Cal. Penal Code § 1203.2(b). ↑
Cal. Penal Code §§ 1203.2(b) & 3456(a)(2). ↑
Cal. Penal Code § 3456(a)(3). ↑
People v. Mauch, 163 Cal. App. 4th 669, 676 (Ct. App. 2008). ↑
Cal. Penal Code § 1170(h); see Criminal Justice Realignment Frequently Asked Questions, Cal. Judicial Branch, (rev. Apr. 2014), http://www.courts.ca.gov/partners/documents/cjr_faq.pdf . See Criminal justice Realignment Will Affect Felony Sentencing, County Jail Credit, Postrelease Supervision and Parole, California Continuing Education of the Bar, http://ceb.com/lawalerts/Criminal-Justice-Realignment.asp . ↑
Cal. Penal Code § 17(b)(3). ↑
See People v. Mauch, 163 Cal. App. 4th 669, 676 (Ct. App. 2008). ↑
California Realignment Act, Cal. Penal Code § 1170(h). ↑
People v. Mauch, 163 Cal. App. 4th 669, 675 (Ct. App. 2008); (There are a small number of felonies where the legislature has prescribed a fine as an alternative to state prison. For these crimes, Cal. Penal Code section 18 permits the court to sentence a person to county jail, thus making the conviction a misdemeanor although the legislature in the original writing of the statute, did not permit this alternative. According to the court in People v. Mauch, “By providing for incarceration in the county jail instead of prison, section 18 authorizes a reduction to a misdemeanor for certain felonies even though the Legislature did not provide for misdemeanor treatment in the statutory provisions defining those particular crimes. Because the Legislature has not elsewhere expressly declared any of these particular felonies may qualify as misdemeanors, section 18 creates, to coin a phrase, "stealth wobblers." Section 18's misdemeanor option, however, is limited to felonies the Legislature has specified are punishable by imposition of a fine as an alternative to state prison. People v. Isaia (1989) 206 Cal. App. 3d 1558, 1564. ↑
People v. Moomey, 194 Cal. App. 4th 850, 857 (Ct. App. 2011) (citing to authorities stating that “the commission of a wobbler is a felony at the time it is committed and remains a felony unless and until the principal is convicted and sentenced to something less than imprisonment in state prison (or the crime is otherwise characterized as a misdemeanor). ↑
Cal. Penal Code § 1170(h); see Criminal Justice Realignment Frequently Asked Questions, Cal. Judicial Branch, (Rev. Apr. 2014), http://www.courts.ca.gov/partners/documents/cjr_faq.pdf . ↑
See People v. Parker, 217 Cal. App. 4th 498 (2013). ↑
People v. Gilbreth (2007) 156 Cal. App. 4th 53, 57. ("[O]nce a court has reduced a wobbler to a misdemeanor pursuant to . . . [Cal. Penal Code] section 17, the crime is thereafter regarded as a misdemeanor 'for all purposes.' This unambiguous language means what it says, and unless the Legislature states otherwise, a person such as [defendant] stands convicted of a misdemeanor, not a felony, for all purposes upon the court so declaring.") ↑
A few licensing boards/agencies can still consider a conviction as a felony, even after the conviction has been reduced to misdemeanor under 17(b). For example: Cal. Bus. & Prof. Code § 6102 (Cal. State Bar—licensing of attorneys) and Cal. Gov’t Code § 1029(a)(3) (disqualification from employment as peace officer). ↑
Cal. Penal Code § 1203.4; see, e.g., 10 Cal. Code Regs. § 3723(a)(3) (discipline of real estate appraisers—criteria of rehabilitation includes “[j]udicial relief from the consequences of criminal conviction”). ↑
Cal. Penal Code § 29800 imposes a lifetime ban on owning or acquiring a firearm for individuals with felony convictions. It also imposes a 10-year firearm ban for certain misdemeanor convictions. If your conviction is reduced to a misdemeanor that does not carry the 10-year ban, your firearm ban will be automatically lifted. If your conviction is reduced to a misdemeanor that carries a 10-year ban, your prohibition will be lifted after the 10-year period. See People v. Gilbreth, 156 Cal. App. 4th 53, 57 (2007) (a reduction of a felony offense to a misdemeanor precludes its use as a predicate offense under the felon-in-possession statutes). ↑
Cal. Civ. Proc. Code § 203(a)(5). ↑
Telephone interview with Rose Cahn, Project Leader, Immigrant Post-Conviction Relief Project, Lawyers’ Committee for Civil Rights in the San Francisco Bay Area. ↑
Gebremicael v. Cal. Com'n on Teacher Credentialing (2004) 118 Cal. App. 4th 1477, 1486 ("Similarly, for purposes of the "Three Strikes law", the Legislature has declared a prior felony conviction proven by the prosecution as a prior strike retains its status as a felony even if it had been reduced after initial sentencing to a misdemeanor under Penal Code section 17. Cal. Penal Code, § 667, subd. (d)(1), 1170.12, subd. (b)(1)."). However, a reduced felony cannot act as a "prior" crime for a future offense that requires a predicate (that is, preexisting) felony conviction. See People v. Gilbreth 156 Cal. App. 4th 53, 57 (2007). ↑
Cal. Penal Code § 17(e). ↑
18 U.S.C. 921-930. Under federal law, most domestic violence convictions trigger a lifetime firearms ban, regardless of what state you were convicted in. Most people convicted of a crime of domestic violence in California will never be able to own a gun legally anywhere in the United States. ↑
See, for example, Cal. Bus. & Prof. Code §§ 6100, 6102 (for purposes of attorney discipline or disbarment, a felony conviction remains a felony regardless of post-conviction proceedings under Cal. Penal Code § 17(b)). ↑
Cal. Penal Code §§ 17(b), 1203.4; People v. Borja (1980) 110 Cal. App. 3d 378, 381–82; People v. Mendez, 234 Cal. App. 3d 1773, 1780 (1991); People v. Jones, 176 Cal. App. 3d 120, 130–31 (1985). ↑
Cal. Const., art. 2, § 10(a); Cal. Penal Code § 1170.18. ↑
Alejandro N. v. Superior Court of San Diego Cnty., 238 Cal. App. 4th 1209 (2015), review filed (Sept. 2, 2015) (“Thus, section 1170.18 concerns the very same offenses that are incorporated into the juvenile wardship proceedings via Cal. Welf. & Inst. § 602, and it follows that § 1170.18's offense reclassification provisions are equally applicable to juvenile offenders.”). The court further held that if the offense was reclassified as a misdemeanor under Proposition 47, then the superior court must also expunge any DNA it retained in the court bank, unless there is another basis to retain it apart from the reclassified misdemeanor offense. See id. ↑
A felony violation of Cal. Penal Code §§ 261, 262, 264.1, 269, 286, 288, 288a, 288.5, or 289, or any felony violation of Cal. Penal Code §§ 207, 209, or 220, committed with the intent to commit a violation of Cal. Penal Code §§ 261, 262, 264.1, 286, 288, 288a, or 289. Cal. Welf. & Inst. Code § 6600(b). ↑
As defined in Cal. Penal Code § 288a. ↑
As defined in Cal. Penal Code § 286. ↑
As defined in Cal. Penal Code § 289. ↑
As defined in Cal. Penal Code § 288. ↑
As defined in Cal. Penal Code §§ 187-191.5. ↑
As defined in Cal. Penal Code § 653a. ↑
As defined in Cal. Penal Code § 245(d)(3). ↑
As defined in Cal. Penal Code § 11418(a)(1). ↑
Cal. Penal Code § 1170.18(c). ↑
Telephone interview with Rose Cahn, Project Leader, Immigrant Post-Conviction Relief Project, Lawyers’ Committee for Civil Rights in the San Francisco Bay Area. ↑
Cal. Penal Code § 1170.18(k). ↑
People v. Morris, 242 Cal. App. 4th 94 (2015). ↑
Cal. Penal Code § 667(e)(2)(C)(iv). ↑
Cal. Penal Code § 1170.18. ↑
Cal. Penal Code § 1170.18. See also J. Richard Couzens & Tricia Bigelow, Proposition 47, The Safe Neighborhoods and Schools Act, (Dec. 2014); Orange County Superior Court Form L-0929, Petition/Application to Have Felony Violation(s) Designated as Misdemeanor(s) and Resentencing, Information and Instructions, Nov. 5, 2014. ↑
People v Garcia, 245 CA 4th 555 (2016). ↑
AB 2765, Stats. 2016, ch. 767. ↑
Cal. Penal Code § 1170.18. (a). ↑
Cal. Penal Code § 1203.4. ↑
Interview with Eleanor Miller, attorney, Pepperdine Legal Aid Clinic (Feb. 26, 2015); Email from Eliza Hersh, Attorney, Clean Slate Practice, East Bay Community Law Center, Berkeley, CA (Apr. 16, 2015). ↑
Email from David Wasserman, Deputy Federal Public Defender, Federal Public Defender, Central Dist. of Cal. (Mar. 17, 2015). ↑
See Judicial Council of Cal., “Proposition 47: The Safe Neighborhoods and Schools Act,” http://www.courts.ca.gov/prop47.htm . ↑
Cal. Health & Saf. Code § 11362.1(a)(1)-(2). ↑
Cal. Health & Saf. Code §§ 11362.1(a)(3), 11362.2. ↑
See Cal. Health & Saf. Code § 11362.4. ↑
Cal. Health & Saf. Code § 11361.8. ↑
Cal. Health & Saf. Code § 11361.8. ↑
Cal. Health & Saf. Code § 11361.8(b). ↑
Cal. Health & Saf. Code § 11361.8(b)(2). ↑
Cal. Health & Saf. Code § 11361.8(c). ↑
Cal. Health & Saf. Code § 11361.8(e). ↑
Cal. Health & Saf. Code § 11361.8(h) states that a conviction resentenced or redesignated under Prop. 64 “shall be considered a misdemeanor or infraction for all purposes” and does not make gun rights an exception like in Prop. 47 (Cal. Pen. Code, § 1170.18(k)). ↑
Cal. Health & Saf. Code § 11361.8(m) ↑
Cal. Health & Saf. Code § 11361 ↑
Cal. Health & Saf. Code § 11379.6 ↑
Cal. Health & Saf. Code §§ 11366, 11366.5 ↑
Cal. Veh. Code §§ 23512(3), 23153(f) ↑
Cal. Veh. Code §§ 23222(b) ↑
Cal. Penal Code §§ 4573, 4573.6, 4573.8, 4373.9 ↑
Cal. Health & Saf. Code §§ 11362.45(i), 11362.5 ↑
Cal. Health & Saf. Code § 11368.1(b), (f); see People v. Buford (2016) 4 Cal.App.5 th 886, 888 [people bear burden of proof in Prop.36 “unreasonable risk” question ↑
Cal. Health & Saf. Code §11361.8(a) ↑
See People v. Davis (2016) 246 Cal. App. 4th 127, 138-142 [“currently serving a sentence” in Prop. 47 should be construed liberally and include probation]; People v. Garcia (2016) 245 Cal. App. 4th 555, 557-559 [same] ↑
Cal. Health & Saf. Code § 11361.8(a) ↑
Cal. Health & Saf. Code § 11362.1(b)(2), citing Cal. Penal Code § 1170.18(c). ↑
See In re Estrada, 63 Cal.2d 740 (1965). The U.S. Supreme Court decided Estrada did not apply to Prop. 36 in People v. Conley (2016) 63 Cal.4th 646. Judges Couzens and Bigelow have opined that Conley should also mean that Estrada does not apply to Prop. 64: http://www.courts.ca.gov/documents/prop64-Memo-20161110.pdf (pgs. 5-7). However, Conley does not eliminate the question for Prop. 64. The Supreme Court in People v. DeHoyos, S228230, is set to decide if Prop. 47 can be distinguished from Conley based on a different legislative intent. The legislative intent of Prop. 64 is distinct from both Prop.36 and 47; it is more similar to Prop. 47. ↑
Cal. Health & Saf. Code § 11361.8(a). ↑
Cal. Health & Saf. Code § 11361.8(e). ↑
Cal. Health & Saf. Code §§ 11361.5(a). ↑
Cal. Health & Saf. Code §§ 11361.5(b). ↑
Cal. Health & Saf. Code §§11361.8(e), (f) ↑
For example, an argument exists that violations of Cal. Health & Saf. Code §§ 11366 and 11366.5 (providing a place for manufacturing, distributing, or giving away of controlled substances) that were based on conduct that now would be legal should be sealed in accordance the intent of Prop. 64. However, Cal. Health & Saf. Code § 11361.8(e) expressly provides for redesignation and sealing only for Cal. Health & Saf. Code §§ 11357-11360. As subdivision (a) of the same section uses broader language, an equal protection argument may exist. ↑
Cal. Health & Saf. Code § 11361.8(h). ↑
See People v. Tidwell (2016) 246 Cal.App.4th 212 [Prop. 47]. ↑
People v. Valenzuela, review granted March 30, 2016, S232900. ↑
See Matter of Pickering (BIA 2003) 23 I & N Dec. 621, 624. ↑
Cal. Health & Saf. Code § 11362.45(f). ↑
Cal. Health & Saf. Code § 11362.45(f). ↑
Cal. Penal Code § 4852.01(c). ↑
Cal. Penal Code § 4852.06. ↑
Cal. Lab. Code § 432.7. 24 C.F.R. §§ 982.552(c)(2), 5.852; HUD, C.F.R. Occupancy Requirements Of Subsidized Multifamily Housing Programs ¶ 4-7(C)(4) (Rev. November 2013). ↑
Cal. Bus. & Prof. Code § 480(b). ↑
Cal. Penal Code § 290.5. ↑
Cal. Penal Code § 4852.16. ↑
Cal. Penal Code § 4852.01. ↑
Cal. Penal Code § 4852.01(a). ↑
Cal. Penal Code § 290. ↑
Cal. Penal Code § 4852.06; A Certificate of Rehabilitation is an official court order declaring that you have been rehabilitated. Cal. Pen. Code § 4852.13(a). See also State of Cal., Office of Governor, Office of Gov. Edmund G. Brown Junior, How to Apply for a Pardon at 3 (rev’d Sept. 5, 2013), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf (certificate of rehabilitation “[s]erve[s] as an official document to demonstrate a felon’s rehabilitation). ↑
Cal. Labor Code § 26; How to Apply for a Pardon, State of Cal. Office of the Governor Edmund G. Brown, Jr., (rev’d Sep. 5, 2015), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf ; see also Cal. Penal Code § 4852.15, 11105. Cal. Bus. & Prof. Code § 480(b). ↑
Cal. Penal Code § 290.5; How to Apply for a Pardon, State of Cal. Office of the Governor Edmund G. Brown, Jr., (rev’d Sep. 5, 2015), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf . ↑
Cal. Penal Code § 290.5. ↑
How to Apply for a Pardon, State of Cal. Office of the Governor Edmund G. Brown, Jr., (rev’d Sep. 5, 2015), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf ; see also Cal. Bus. & Prof. Code § 480(b). Cal. Penal Code §§ 4852.15, 11105. ↑
Cal. Penal Code § 4852.03. ↑
Cal. Penal Code § 4852.22. ↑
Cal. Penal Code § 4852.11; People v. Failla, 140 Cal. App. 4th 1514, (App. 4 Dist. 2006) (review denied). ↑
People v. Zeigler, 211 Cal. App. 4th 638 (2012). ↑
Cal. Penal Code § 4852.1. ↑
People v. Zeigler, 211 Cal. App. 4th 638 (2012). In People v. Zeigler the court held that even though someone completed a Proposition 36 alternative sentence that released him “from all penalties and disabilities”, the court was still allowed to consider the underlying conduct that led to the arrest when denying a certificate of rehabilitation ↑
Cal. Penal Code § 4852.08. ↑
Cal. Penal Code § 4852.04; cf. People v. Norton, 80 Cal. App. 3d Supp. 14 (App. Dep't Super Ct. 1978) (pardon does not obliterate record of conviction); People v. Mendez, 234 Cal. App. 3d 1773, 1784 (Ct. App. 1991), reh'g denied and opinion modified (Nov. 4, 1991) (same). ↑
State of Cal., Office of Governor, Office of Gov. Edmund G. Brown Junior, How to Apply for a Pardon at 3 (rev’d Sept. 5, 2013), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf . ↑
Cal. Penal Code § 4800; Cal. Const., art. V, § 8; compare Cal. Penal Code § 4852.17 (governor’s pardon based on certificate of rehabilitation does restore right to vote); How to Apply for a Pardon, State of Cal. Office of the Governor Edmund G. Brown, Jr., (rev’d Sep. 5, 2015), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf . ↑
Cal. Penal Code § 4852.01. ↑
How to Apply for a Pardon, State of Cal. Office of the Governor Edmund G. Brown, Jr. (rev’d Sep. 5, 2015), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf . ↑
Cal. Civ. Proc. Code § 203(a)(5). ↑
Cal. Penal Code §§ 4852.17, 4854. A pardon by the Governor may restore your California firearm privileges, however, it will not necessarily restore your federal firearm privileges, which contain stricter prohibitions. ↑
Cal. Gov’t Code § 1203. However, you still will not be eligible for any other peace officer positions. ↑
Cal. Penal Code § 290.5. ↑
Cal. Penal Code § 4852.17; How to Apply for a Pardon, State of Cal. Office of the Governor Edmund G. Brown, Jr., (Sep. 5, 2015), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf . ↑
How to Apply for a Pardon, State of Cal. Office of the Governor Edmund G. Brown, Jr., (Sep. 5, 2015), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf . ↑
How to Apply for a Pardon, State of Cal. Office of the Governor Edmund G. Brown, Jr., (Sep. 5, 2015), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf . ↑
Cal. Penal Code §§ 4852.17, 4854. ↑
How to Apply for a Pardon, State of Cal. Office of the Governor Edmund G. Brown, Jr., (Sep. 5, 2015), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf . ↑
8 U.S.C. § 1227(a)(2)(A)(vi); How to Apply for a Pardon, State of California Office of Governor Edmund G. Brown, Jr., (Sep. 5, 2015), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf . ↑
15 Cal. Code Regs. § 2816. ↑
Cal. Penal Code § 4801; 15 Cal. Code Regs. § 2830. ↑
How to Apply for a Pardon, State of Cal. Office of the Governor (Sept. 5, 2013), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf. ↑
Cal. Penal Code § 4852.13(a). ↑
Cal. Penal Code § 4852.16. ↑
Cal. Penal Code § 4812. ↑
15 Cal. Code Regs. § 2816. ↑
Cal. Penal Code § 4801(a). ↑
Cal. Penal Code § 4802; 18 U.S.C. § 921 et seq. ↑
Cal. Penal Code § 4802. ↑
See How to Apply for a Pardon, State of Cal. Office of the Governor (Sept. 5, 2013), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf. ↑
Cal. Penal Code § 4852.13(a). ↑
Cal. Penal Code § 4852.16; Cal. Penal Code § 667(d); cf. Cal. Penal Code § 3045; cf. People v. Laino, 32 Cal. 4th 878, 895 (2004); see also How to Apply for a Pardon, State of Cal. Office of the Governor (Sept. 5, 2013), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf . ↑
Cal. Penal Code § 4812. ↑
Cal. Penal Code § 4803. ↑
How to Apply for a Pardon, State of Cal. Office of the Governor (Sept. 5, 2013), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf. ↑
Cal. Penal Code § 4812. ↑
Cal. Penal Code § 4852.16. ↑
15 Cal. Code Regs. § 2818. ↑
How to Apply for a Pardon, State of Cal. Office of the Governor (Sept. 5, 2013), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf . ↑
Cal. Code Regs. tit. 15, § 2818. ↑
Cal. Penal Code § 851.8(a) & (b); People v. Christiansen, B252804, LA Superior Court No. SA 075027 (certified for publication). ↑
Cal. Penal Code § 851.8(f). (Note: although sealed records are physically destroyed in most circumstances, the records remain in a confidential file in the DOJ computer and can be released under very limited circumstances.) ↑
Cal. Penal Code § 851.8(a). ↑
Cal. Penal Code § 851.87. ↑
Cal. Penal Code § 851.8(c) & (d). ↑
Cal. Penal Code § 851.90. ↑
Cal. Penal Code § 851.8(e). ↑
Cal. Penal Code § 851.8. ↑
Cal. Penal Code § 851.8. ↑
Cal. Penal Code § 851.8(n). ↑
Superior Court of California, County of Orange, Petition to Seal and Destroy Arrest Records, Information and Instructions, http://www.occourts.org/forms/local/l348.pdf. ↑
Cal. Penal Code § 851.8(l). ↑
Cf. People v. Bermudez, 215 Cal. App. 3d 1226, 1230 (Ct. App. 1989), reh'g denied and opinion modified (Dec. 23, 1989). ↑
“Protecting Victims from Wrongful Prosecution and Further Victimization” Fact Sheet, U.S. Dept. of State Office to Monitor and Combat Trafficking in Persons, http://www.americanbar.org/groups/human_rights/projects/task_force_human_trafficking/survivor-reentry-project.html. ↑
Cal.Pen. Code § 236.14(g). ↑
See Sealing Juvenile Court Records, NOLO, http://www.nolo.com/legal-encyclopedia/sealing-juvenile-court-records-32228.html . ↑
See How can my federal juvenile records be used against me?, NOLO Criminal Defense Lawyer, http://www.criminaldefenselawyer.com/can-i-expunge-my-federal-juvenile-record.htm . ↑
18 U.S.C. § 3607; see also How can my federal juvenile records be used against me?, NOLO Criminal Defense Lawyer, http://www.criminaldefenselawyer.com/can-i-expunge-my-federal-juvenile-record.htm . ↑
Cal. Welf. & Inst. Code § 781; see also Sealing Your Juvenile Records, Public Counsel (2013), http://www.publiccounsel.org/tools/publications/files/Sealing-your-Juvenile-Record.pdf. ↑
Cal. Welf. & Inst. Code § 825 et seq; Cal. Rule of Court, Rule 5.552(b). ↑
Cal. Welf. & Inst. Code § 203. ↑
Cal. Welf. & Inst. Code § 432.7; Cal. Penal Code § 851.8(b), (c); People v. Adair, 29 Cal. 4th 895 (2003). ↑
Cal. Welf. & Inst. Code § 781. ↑
Cal. Welf. & Inst. Code § 781. ↑
See Nunez v. Holder, 594 F.3d 1124, 1124 (2010) (“Once again we face the question of what is moral turpitude [for purposes of criminal immigration law]: a nebulous question that we are required to answer on the basis of judicially established categories of criminal conduct.”); see also In re Craig, 12 Cal.2d 93, 97 (1938) (“Moral turpitude [a key concept in criminal immigration law] has been defined by many authorities as an act of baseness, vileness or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man.”). ↑
Cal. Welf. & Inst. Code § 781; see also § 707(b) (Serious offenses include murder, arson, robbery, rape, and kidnapping, among others). ↑
Cal. Welf. & Inst. Code § 786. ↑
Dep’t of Hous. & Urban Dev. v. Rucker, 535 U.S. 135 (2002). ↑
20 U.S.C. § 1091(r). ↑
42 U.S.C. § 671(20)(a) (requiring states to comply with the requirements of the Adoption and Safe Families Act of 1997 (ASFA) in order to receive ASFA funding). ↑
18 U.S.C. § 3607. ↑
These substances are listed in § 404 of the Controlled Substances Act. 18 U.S.C. § 3607; 21 U.S.C. §§ 841, 844. ↑
18 U.S.C. § 3607, 21 U.S.C. §§ 844, 844a. ↑
18 U.S.C. § 3607(c). ↑
18 U.S.C. § 3607(a)(b). ↑
18 U.S.C. § 3607 (b). ↑
Federal courts are divided into thirteen “circuits” across the country, comprised of district trial courts and circuit courts of appeals. Each of these circuit courts decides how the law should be interpreted within that circuit, which the district courts below must follow. This means that there are often discrepancies in the law at the federal circuit level—in other words, the same law can mean different things depending on where you live. These differences persist until the Supreme Court rules on which interpretation is correct. This is the current state of federal expungement law. Several federal circuit courts have ruled that the courts should be allowed to order expungements based on their inherent equitable powers—their duty to make things fair. Others have decided that expungements are beyond the scope of the court’s duties and that they infringe on the powers allocated to the other branches of government. The Supreme Court has not resolved the dispute. See U.S. v. Mitchell, 683 F. Supp. 2d 427 (2010). ↑
Courts of Appeal in the First, Third, Sixth, Eighth, and Ninth Circuits, as well as some district courts in the Eleventh Circuit, do not allow expungements based on equitable grounds (i.e. to reward rehabilitation) and will not even hear these motions. See U.S. v. Meyer, 439 F.3d 855 (8th Cir. 2006), U.S. v. Coloian, 480 F.3d 47 (1st Cir. 2007); U.S. v. Sumner, 226 F.3d 1005 (9th Cir. 2000). ↑
U.S. v. Sumner, 226 F.3d 1005 (9th Cir. 2000). ↑
Federal U.S. courts in the Second, Fourth, Fifth, Seventh, Tenth, and D.C. Circuits allow judicial expungements for equitable purposes under extraordinary circumstances. See U.S. v. Flowers, 389 F.3d 737 (7th Cir. 2004), U.S. v. Schnitzer, 567 F.2d 536 (2nd Cir. 1977), Camfield v. City of Oklahoma City, 248 F.3d 1214 (10th Cir. 2001). ↑
U.S. v. Flowers, 389 F.3d 737 (7th Cir. 2004). ↑
Livingston v. U.S. Dep’t of Justice, 759 F.2d 74, 78 (D.C. Cir. 1985). ↑
Doe v. United States, No. 15-MC-1174 (E.D.N.Y., March 7, 2016. ↑
28 C.F.R. § 1.2. ↑
Standards for Consideration of Clemency Petitioners, U.S. Dep’t of Justice, § 1-2.113. ↑
Standards for Consideration of Clemency Petitioners, U.S. Dep’t of Justice, § 1-2.113. ↑
Cal. Penal Code § 290.007, 1203.4; see also Cal. Penal Code § 290.5. ↑
Remember, misdemeanor sex offense convictions are eligible for Certificates of Rehabilitation. See Cal. Penal Code § 4852.01. ↑
Cal. Penal Code § 290.007; see also Cal. Penal Code § 290.5. ↑
Cal. Penal Code § 290.5(a). ↑
Cal. Penal Code § 290.5(b). ↑
Cal. Penal Code § 4852.01 ↑
Cal. Penal Code § 290.5(b)(3). ↑
Cal. Penal Code § 4852.01(e). ↑
Cal. Penal Code § § 290.46(a)-(d). ↑
Cal. Penal Code § 290.46(e). ↑
Cal. Penal Code § 457.1; see also Cal. Penal Code § 1203.4. ↑
Cal. Penal Code § 457.1. ↑
Cal. Penal Code §§ 457.1, 4852.01, 4853. ↑
Cal. Health & Safety Code § 11594. ↑
Cal. Health & Safety Code § 11594; see also Cal. Penal Code § 1203.4. ↑
Cal. Penal Code §§ 4852.17, 4852.19. ↑
Cal. Penal Code § 4853; see also How to Apply for a Pardon, State of California Office of Governor Edmund G. Brown, Jr., http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf . ↑
Cal. Penal Code § 295 et seq. ↑
People v. Buza, 342 P.3d 415 (Cal. 2015) (granting petition for review). ↑
Cal. Penal Code §§ 297, 299.6. ↑
Cal. Penal Code § 299. ↑
Cal. Penal Code § 299(f). ↑
Cal. Penal Code § 299. ↑
42 U.S.C. § 14132(d)(1). ↑
CODIS—Expungement Policy, Expungement of DNA Records in Accordance with 42 U.S.C. 14132(d)(1)(A), The Fed. Bureau Investigation. ↑
Request for Live Scan Service, State of California Department of Justice, http://oag.ca.gov/sites/all/files/agweb/pdfs/fingerprints/forms/bcia_8016RR.pdf? . ↑
Applicant Live Scan Fingerprint Services Location and Hours of Operation, State of California Department of Justice, https://oag.ca.gov/fingerprints/locations. ↑
California Department of Justice, Office of the Attorney General, Criminal Records – Request Your Own, http://oag.ca.gov/fingerprints/security . ↑
Telephone call with Department of Justice Record Review Unit, Mar. 26, 2015. ↑
Identity History Summary Checks, Fed. Bureau Investigation, https://forms.fbi.gov/identity-history-summary-checks-review/q384893984839334.pdf . ↑
Request for Live Scan Service, State of California Department of Justice, http://oag.ca.gov/sites/all/files/agweb/pdfs/fingerprints/forms/bcia_8016RR.pdf? . ↑
42 U.S.C. § 14132(d)(1)(A). See also CODIS- Expungement Policy, Fed. Bureau Investigation, http://www.fbi.gov/about-us/cjis/identity-history-summary-checks/identity-history-summary-request-checklist-1 . ↑
California Department of Justice, Office of the Attorney General, Criminal Records – Request Your Own, http://oag.ca.gov/fingerprints/security . ↑
28 C.F.R. § 16.33. ↑
Identity History Summary Checks, Fed. Bureau Investigation, http://www.fbi.gov/about-us/cjis/identity-history-summary-checks . ↑
28 C.F.R. § 16.32. ↑
Recorded message, Cal. Dep’t. of Justice, Records Review Unit (Apr. 9, 2015); see also Criminal Records—Request Your Own, Cal. Dep’t. of Justice, Office of the Attorney General, http://oag.ca.gov/fingerprints/security . ↑
Broken Records, National Consumer Law Center, https://www.nclc.org/issues/broken-records.html . ↑
Cal. Penal Code § 11126(a). ↑
Cal. Penal Code § 11126. ↑
Cal. Penal Code § 11126(c); see also Cal. Gov’t Code § 11500. ↑
State Identification Bureau Listings, Federal Bureau of Investigation, http://www.fbi.gov/about-us/cjis/identity-history-summary-checks/state-identification-bureau-listing . ↑
28 C.F.R. § 16.34. ↑
Cal. Civ. Code § 1786.24; Fair Credit Reporting Act § 611, 15 U.S.C. § 1681i. ↑
Cal. Civ. Code § 1786.16. ↑
Cal. Civ. Code § 1786.40. ↑
Cal. Civ. Code § 1786.24(a). ↑
Cal. Civ. Code § 1786.24, Fair Credit Reporting Act, § 611(a)(1)(A), 15 U.S.C. § 1681i. Within 5 days of receiving your notice, the agency must notify the person or government entity that provided the information that you claim is incorrect. ↑
Cal. Civ. Code § 1786.24, Fair Credit Reporting Act, § 611(a)(1)(A), 15 U.S.C. § 1681i. Before 30 days is up, if you give more information that affects the investigation, the agency can extend the investigation for 15 extra days. ↑
Cal. Civ. Code § 1786.24; Fair Credit Reporting Act, § 611(a)(1)(A), 15 U.S.C. § 1681i. ↑
Cal. Civ. Code § 1786.24(g). ↑
Cal. Civ. Code § 1786.24. ↑
Cal. Civ. Code § 1786.24(j). ↑
Cal. Civ. Code § 1786.24(k). ↑
Cal. Civ. Code § 1786.24(f). ↑
See also Dealing With Criminal Records in Alameda County Self-Help Manual, East Bay Community Law Center (2005), http://ebclc.org/documents/AlamedaCountyCriminalRecords-SelfHelpManual-SP2005.pdf . ↑
See also Dealing With Criminal Records in Alameda County Self-Help Manual, East Bay Community Law Center (2005), http://ebclc.org/documents/AlamedaCountyCriminalRecords-SelfHelpManual-SP2005.pdf . ↑
Cal. Civ. Proc. Code §§ 414.10, 415.10-415.95, 417.10-417.40, 684.110-684.140, 684.210-684.220, 1010-1020; see also Personal Service: Deliver Court Papers to the Other Party, Sacramento County Public Law Library (Mar. 2014), http://www.saclaw.org/Uploads/files/Step-by-Step/PersonalService.pdf . ↑
See also Dealing With Criminal Records in Alameda County Self-Help Manual, East Bay Community Law Center (2005), http://ebclc.org/documents/AlamedaCountyCriminalRecords-SelfHelpManual-SP2005.pdf . ↑
See Cleaning Your Record, California Courts, http://www.courts.ca.gov/1070.htm . ↑
Adapted from Santa Clara Law Library, Expunging Adult Criminal Records in Santa Clara County, http://www.sccll.org/1070.pdf . ↑
Cal. R. of Court, Rule 3.1112. ↑
Cal. Penal Code § 1203.3(b)(1). ↑
Cal. Penal Code § 1203.3(a). ↑
Cal. Penal Code § 1203.3(b). ↑
People v. Superior Court (Alvarez), 14 Cal. 4th 968 (1997). ↑
Cal. Penal Code § 1170.18(a). ↑
Cal. Penal Code § 1170.18. ↑
Cal. Penal Code § 1170.18. ↑
Cal. Penal Code § 1170.18(c). ↑
Cal. Penal Code § 1170.18(b)(1). ↑
Cal. Penal Code § 1170.18. ↑
Cal. Penal Code § 1170.18 (d) (“a person who is resentenced pursuant to subdivision (b)…shall be subject to parole for one year following completion of his or her sentence, unless the court, in its discretion, as part of its resentencing order, releases the person from parole”). ↑
Cal. Penal Code § 1170.18.(f). ↑
Cal. Penal Code § 1170.18. ↑
Cal. Penal Code § 4852.03(a). ↑
Cal. Penal Code § 4852.03(a)(4). See also People v. Blocker, 190 Cal. App. 4th 438 (2010) (Refusal to admit guilt of the underlying crime can be a reason for a court to deny a certificate of rehabilitation). ↑
Cal. Penal Code § 4852.22. ↑
Cal. Penal Code § 4852.05. ↑
Cal. Penal Code § 4852.13. ↑
Cal. Penal Code § 4852.07. ↑
Cal. Penal Code § 4852.10; see also People v. Zeigler, 149 Cal. Rptr.3d (2012). (court could consider facts of offense for which petitioner had received Proposition 36 drug treatment). ↑
Cal. Penal Code § 4852.13. ↑
Cal. Penal Code § 4852.13. ↑
See People v. Lockwood, 66 Cal. App. 4th 222 (1998). ↑
Cal. Penal Code § 4802. ↑
Cal. Penal Code § 4802. ↑
See How to Apply for a Pardon, State of Cal. Office of the Governor (Sept. 5, 2013), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf. ↑
Cal. Penal Code § 4803. ↑
How to Apply for a Pardon, State of Cal. Office of the Governor (Sept. 5, 2013), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf. ↑
Cal. Penal Code § 4812. ↑
Cal. Penal Code §§ 4802, 4813. ↑
Cal. Penal Code § 4852.16. ↑
Cal. Penal Code § 851.8(g); see Form BCII 8270, State of Cal. Dep’t of Justice Record Management/Record Sealing Unit, http://ag.ca.gov/idtheft/forms/bcii_8270.pdf. ↑
Cal. Penal Code § 851.8(c). ↑
Cal. Penal Code § 851.8. (“If…the law enforcement agency and prosecuting lawyer do not respond to the petition by accepting or denying the petition within 60 days of the running of the relevant statute of limitations or within 60 days after the receipt of the petition in cases where the statute of limitations has previously lapsed, then the petition shall be deemed to be denied.”). ↑
Cal. Form BCII 8270, State of Cal. Dep’t of Justice Record Management/Record Sealing Unit, http://ag.ca.gov/idtheft/forms/bcii_8270.pdf . ↑
Cal. Penal Code § 851.8(b). ↑
Cal. Penal Code § 851.8(b). ↑
See Sealing Your Juvenile Records, Public Counsel (2013), http://www.publiccounsel.org/tools/publications/files/Sealing-your-Juvenile-Record.pdf . ↑
See Sealing Your Juvenile Records, Public Counsel (2013), http://www.publiccounsel.org/tools/publications/files/Sealing-your-Juvenile-Record.pdf. ↑
Cal. Welf. & Inst. Code § 786. ↑
Cal. Penal Code § 299(c)(2). ↑
BFS DNA Frequently Asked Questions, State of California Department of Justice Office of the Attorney General, https://oag.ca.gov/bfs/prop69/faqs . ↑
Cal. Penal Code § 299(c)(1). ↑
42 U.S.C. 14132(d)(1); CODIS—Expungement Policy, Expungement of DNA Records in Accordance with 42 U.S.C. 14132(d)(1)(A), The Fed. Bureau Investigation, http://www.fbi.gov/about-us/lab/biometric-analysis/codis/codis_expungement . ↑
Please note: This issue is not covered at length in the guide because it is outside of our scope of expertise, but is important to the reentry process of many readers, so we include resources on it here. ↑
Please note: This issue is not covered at length in the guide because it is outside of our scope of expertise, but is important to the reentry process of many readers, so we include resources on it here. ↑
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California CD
Guide Appendix A:
GUIDE APPENDIX B: